How to Get a Non-Molestation Order for Domestic Abuse Protection
Domestic abuse is a serious issue that affects thousands of individuals across the UK. If you are experiencing harassment, threats, or violence from a partner, ex-partner, or family member, you can seek legal protection through a Non-Molestation Order. This order is designed to prevent further harm by legally prohibiting the abuser from contacting or harassing you.
At TPC Legal, we understand how distressing domestic abuse situations can be, and we are here to guide you through the legal process of obtaining a Non-Molestation Order. This article explains what a Non-Molestation Order is, who can apply for one, how to apply, and what happens after the order is granted.
1. What Is a Non-Molestation Order?
A Non-Molestation Order (NMO) is a type of injunction issued by the Family Court under the Family Law Act 1996. It is designed to protect individuals and children from harassment, threats, intimidation, and physical or emotional abuse.
Key Features of a Non-Molestation Order
- Prevents the abuser from contacting you directly or indirectly.
- Stops the abuser from coming near your home or workplace.
- Applies to physical, verbal, emotional, and digital abuse (e.g., phone calls, text messages, social media harassment).
- If breached, the abuser can be arrested and face up to 5 years in prison.
2. Who Can Apply for a Non-Molestation Order?
You can apply for a Non-Molestation Order if you are experiencing abuse from:
- A current or former spouse or partner (including same-sex relationships).
- A family member (parent, sibling, child, grandparent).
- The other parent of your child.
- Someone you are in or have been in a romantic or intimate relationship with.
Note: If the abuser is not a family member or ex-partner, you may need to seek protection through a restraining order or other legal remedies.
3. How to Apply for a Non-Molestation Order
Applying for an NMO involves filling out legal forms, submitting evidence, and attending a court hearing if required. Here’s a step-by-step breakdown:
Step 1: Complete the Application Form (FL401)
You need to complete the FL401 form, which is the official application for a Non-Molestation Order. The form requires details about:
- The relationship between you and the abuser.
- The type of abuse or harassment you have experienced.
- Why you need the order for your safety or the safety of your children.
👉 Tip: A solicitor at TPC Legal can assist in completing the form to ensure all necessary details are included.
Step 2: Write a Supporting Statement
Along with the application, you will need to submit a witness statement explaining:
- The history of abuse (physical, emotional, financial, or psychological).
- Specific incidents of harassment or violence (dates, times, details).
- The impact on your well-being and safety.
The court may also require supporting evidence such as:
✅ Police reports
✅ Medical records
✅ Text messages, emails, or social media messages from the abuser
✅ Witness statements from friends or family
Step 3: Submit the Application to Court
You can submit the application in one of two ways:
- In-person at your nearest Family Court.
- Electronically (some courts accept email submissions).
If you are in immediate danger, you can request an emergency (without notice) order, meaning the abuser won’t be informed before the order is granted.
4. What Happens After You Apply?
Emergency Orders (Without Notice Applications)
- If the court believes you are in immediate danger, it may grant a temporary order without informing the abuser.
- A full hearing will be scheduled within 14 days, where both parties will be heard.
Standard Orders (On Notice Applications)
- If it’s not an emergency, the court will notify the abuser and schedule a hearing.
- The abuser will have a chance to respond and contest the application.
- The judge will decide based on evidence and legal arguments.
5. What Happens If the Non-Molestation Order Is Granted?
If the court grants the order:
✅ The abuser must immediately stop the prohibited behaviour.
✅ If they violate the order, you should call the police, as breaking an NMO is a criminal offence.
✅ The order is typically valid for 6 months to 1 year, but can be extended if needed.
👉 Important: You do not need to inform the abuser about the order—the court serves them the notice through a court officer or professional process server.
6. What If the Abuser Breaches the Order?
If the abuser ignores the Non-Molestation Order, you should report it to the police immediately. They can be:
- Arrested and charged with a criminal offence.
- Given a fine, community order, or up to 5 years in prison.
Courts take breaches very seriously, as NMOs are designed to protect your safety and well-being.
7. Do You Need a Solicitor to Apply for a Non-Molestation Order?
While you can apply without a solicitor, having legal representation can:
✅ Ensure your application is correctly filled out.
✅ Help you gather strong evidence to support your case.
✅ Represent you in court and argue on your behalf.
✅ Make the process less stressful and more efficient.
At TPC Legal, we offer expert guidance and legal representation for those seeking urgent protection from domestic abuse. If you need help applying for a Non-Molestation Order, contact us today for confidential legal advice.
8. Frequently Asked Questions (FAQs)
Q: How long does it take to get a Non-Molestation Order?
A: If urgent, you can get an emergency order the same day. Standard applications typically take a few weeks.
Q: Do I have to pay court fees?
A: No, applying for a Non-Molestation Order is free, but legal representation may involve costs. Legal aid may be available for those who qualify.
Q: Can an NMO be removed or changed?
A: Yes, either party can apply to vary or discharge the order, but the court will only do so if there’s a valid reason.
Q: Can an abuser apply for an order against me?
A: If false allegations are made, you have the right to defend yourself in court, and an experienced solicitor can assist with your case.
Final Thoughts
If you are facing domestic abuse or harassment, a Non-Molestation Order can provide immediate legal protection. At TPC Legal, we understand how distressing these situations can be, and we are here to support you through the process.
👉 Need urgent help? Contact TPC Legal today for a confidential consultation and let us help you secure the protection you deserve.
📞 Call us: 0161 832 8867
📩 Email us: info@tpclegal.co.uk
🌍 Visit our website: https://tpclegal.co.uk/prenuptial-agreement-solicitors/
You don’t have to go through this alone—legal protection is available to keep you safe.