What You Need to Know Before Applying for a Non-Molestation Order

What You Need to Know Before Applying for a Non-Molestation Order

If you are experiencing abuse from a current or former partner or family member, a non-molestation order can provide urgent legal protection. As of 12 January 2026, new court guidance has come into force which changes how judges approach these applications, particularly where there is controlling or coercive behaviour or non-physical abuse.

The updated guidance reflects the modern understanding of domestic abuse and is designed to ensure applications are dealt with safely, quickly and fairly, especially where immediate protection is needed. If you are considering applying for a non-molestation order, it is important to understand not only how the process works, but also how the new guidance may affect whether the court will make an order, how quickly your application will be heard, and what level of protection you can expect.

This guide explains what non-molestation orders are, when you can apply, and what today’s new guidance means for you in practice.

What is a non-molestation order and when would you apply for one?

A non-molestation order is an order prohibiting a person from, for example, threatening, harassing or intimidating another person who is associated with them or a relevant child. These orders are a form of legal measure used to ensure the safety of individuals and to protect them from domestic abuse. 

You can only apply and become the ‘applicant’ for the purposes of the court application, if you have an “associated” relationship with the person you need protection from (the ‘respondent’).  Association, includes if you:

• have been or are married to each other;
• have been or are civil partners of each other;
• are cohabitants or former cohabitants;
• lived or live in the same household, beyond the relationship of individuals who are merely lodgers, tenants, boarders or the other’s employee;
• are relatives;
• agreed to marry one another or enter a civil partnership agreement (whether or not the agreement has since terminated);
• have or had an intimate personal relationship with each other which is or was of significant duration; or
• both have parental responsibility in relation to the same child.

The court will only make an order after considering all the circumstances including the need to secure the health, safety, and well-being of you and of any relevant child. These orders are not made lightly; the court must balance the appropriateness of the sanction with the importance of protecting the vulnerable and victim survivors.

What is the impact of a non-molestation order being made?

Once a non-molestation order is made by the court and received by the respondent, they commit a criminal offence and can be arrested if they do something that the court order prohibits them from doing.

The court can, for example, order that the respondent must not do the following:

• contact or try to contact or communicate with you in any way or by any means;
• go to or enter any place where you live or stay or visit or work;
• go to or travel on specific named roads or a clearly defined area or specific places such as schools, nurseries and workplaces;
• track where you and or the child/ren are or what you are doing by any means including but not limited to electronic devices or apps;
• damage, interfere with or dispose of, in any way any property belonging to you or jointly owned unless a court order allows them to dispose of any such property;
• post or threaten to post about you and/or the child/ren on the internet or social media; and
• disclose or threaten to disclose private sexual images or films of you to any third party or organisation.

Will the respondent know if I have made an application?

An application for a non-molestation order can be made without telling the respondent in advance.  This is known as a without notice application but the court may only grant an order in the respondent’s absence if it is ‘just and convenient’ to do so.  The court is required to take into account all the circumstances of the application and to specifically consider whether there is risk of significant harm to the applicant or a relevant child, or if you are likely to be deterred or prevented from making an application if an order is not made immediately.   

Importantly the new guidance makes it clear that the modern understanding of domestic abuse (i.e. that it can take many forms, not just physical violence)  is the foundation for the court’s approach in deciding whether it is just and convenient to make an order without notice to the respondent. There is specific reference to controlling or coercive behaviour as well as psychological, emotional or economic abuse, all of which will inform the court’s decision in whether it makes an order in this way.

When will my without notice application for a non-molestation order be dealt with by the court?

The recent guidance reinforces the importance of these orders and notes that the court should ensure that all applications issued before 4pm are referred to the ‘first available’ judge on the same day. Once referred, the judge will determine the application either on the papers (i.e. without your attendance at court) or will set up a hearing for you and/ or the respondent to attend the court within one working day.

What happens if the court does not agree to make an order without notice?

Even if the court has determined that it is not just and convenient to make a without notice order, the court will consider whether it is necessary to set a time for you and the respondent to attend a hearing so that the court can consider whether to make an order.  This is called an ‘on-notice hearing’. Only in exceptional circumstances would the court dismiss an application entirely, and the court will always include a right to review at an oral hearing if it did determine that an application should be dismissed.

When will an on-notice application be dealt with by the court?

The court should set a date for an on-notice hearing within 21 days of an application being made.

How long does a non-molestation order remain in place? 

If a without notice order is made, the court must give the respondent an opportunity to be heard and a date must be set within 28 days for both you and the respondent to attend a hearing. This is because the court has not yet tested the evidence or decided whether the allegations are true. Where there are vulnerability concerns, the court will consider ways to ensure your safety with some courts offering the ability to enter the court building through different entrances and use different waiting areas, it may be possible for you to attend remotely.

When the order is served on the respondent, they will receive a form allowing them to either agree to the order, disagree with the application but not object to the order, or oppose the order. Some respondents do not attend the return date hearing or challenge the order made. If the respondent does oppose the order however they can apply to vary or set it aside, they do not have to wait until the return date hearing. If they choose to do this, the court will list an urgent hearing.

If the respondent does not agree with the order but does not make an application to vary or have it set aside, the application will proceed to the return date hearing. At this hearing the judge will decide whether the order should continue and for how long – the period of the order is a matter for the judge and may be for a substantial period such as 6 or 12 months, depending on the circumstances.

How do I know that the respondent has received the order?

It is important to note that when a non-molestation order is made, a criminal offence is only committed by the respondent once they become aware of the existence of the order. 

If an order is made in the absence of the respondent, the court’s starting point is the order should be served personally on the respondent. This can be done either by a court bailiff or by using a process server (a professional who can be instructed to hand deliver official documents). There are often issues with enforcement of the order if done in alternative ways such as a messaging service.  However, if personal service cannot be made, you can ask the court to use an alternative means. 

Once the order has been served, the bailiffs or court should notify you and at the same time the court must ensure that a copy is served upon the police. 

Jaanki is an associate at Family Law in Partnership and advises on a broad range of private family law matters arising from divorce and separation, including financial arrangements, cohabitation, pre- and post-nuptial agreements and private children matters.