What is a non-molestation order?

A non-molestation order, obtained through the family court, is a legal injunction aimed at preventing harm to you or your children.

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It safeguards you from individuals you're in or have been in a relationship with, family members, or current or former cohabitants.

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Non-molestation orders can protect you and your children from abuse and harassment. They stop abusers from using or threatening physical violence and contacting you. These orders can also bar them from approaching your home, workplace, or your child's school, and from inciting others to do so.

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How to apply for a non-molestation order?

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To get a non-molestation order, you make an application to the family court along with supporting evidence. There’s no fee for this application.

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It is possible to make an emergency application to the court for a non-molestation order if the incident has happened recently, for example within the last week.

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You can also apply for a non-molestation order without the abuser knowing. This can help to prevent any potential escalation of abuse before protection is in place for you and your family.

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What evidence do you need for a non-molestation order?

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To apply for a non-molestation order, you must prove you’ve experienced abuse or harassment from the other person. We can assist in preparing a witness statement detailing the abuse and key events.

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Strong evidence such as abusive messages, emails, or social media posts, along with photos of injuries or property damage, will support your case. Reports from authorities like the police, your GP, or a support worker can also be used as evidence.

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What happens when it’s heard in court?

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After you submit your non-molestation application, the court will schedule a hearing to decide whether to grant the order. Depending on the level of threat, the order may be issued immediately or after up to three hearings. If you apply without the abuser knowing, the court may grant a non-molestation order right away to protect you. However, they will also schedule a ‘return hearing’ where the abuser can present their case. You will still be protected by the non-molestation order until this hearing.

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Alternatively, where a non-molestation order isn’t made straight away, you can agree with the abuser to be bound by undertakings to the court until the conclusion of the proceedings. Undertakings are promises to the court not to do something, like contacting or coming near you. Sometimes, undertakings can resolve the entire matter without the need for a full court process for a non-molestation order if you feel adequately protected by them.

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Breaching undertakings isn’t an arrestable offence but constitutes contempt of court, which can result in fines, community service, or imprisonment.

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During in-person hearings, you can request special measures like separate entrances or screens to protect you from the abuser’s presence.

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What factors does the court consider before approving a non-molestation order?

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The court considers all circumstances, focusing on ensuring your and your children’s health, safety, and wellbeing when deciding on a non-molestation order.