Family Law
Non-Molestation Order Barristers
Advice and representation for applicants seeking protection and for respondents facing a non-molestation order.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
A non-molestation order is an injunction under Part IV of the Family Law Act 1996 that prohibits a person from molesting another, which includes using or threatening violence, intimidation, harassment, pestering and contacting someone in ways that cause distress. It can also protect a relevant child. The person applying must be associated with the respondent, for example as a current or former spouse, civil partner, partner, relative or someone who has lived in the same household.
Applications are made on Form FL401, supported by a witness statement setting out what has happened. There is currently no court fee for an FL401 application. Where there is a risk of significant harm, or a real concern that the respondent would deter the application or evade service, the court can make an order without notice to the respondent. It will then list a return hearing so the respondent can respond. The order must be personally served on the respondent before it can be enforced, and the applicant should not serve it themselves.
Breaching a non-molestation order without reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996, and the police can arrest for it. A respondent who does not accept the allegations may contest the order at the return hearing, or offer an undertaking to the court, which is a formal promise that avoids findings being made. The court cannot accept an undertaking in some cases, including where the respondent has used or threatened violence and an order is needed to protect the applicant or child.
We help both sides. If you need protection, a Direct Access Barrister can advise on the evidence needed, draft your statement and represent you at the without-notice and return hearings. If an order has been made against you, a Barrister can advise you on the terms, help you respond, and represent you at the return hearing. In urgent situations where you are in immediate danger, always call 999 first.
What Non-Molestation Order Barristers Do
Hearing Representation
Your Barrister can represent you at:
- Without-notice hearings for applicants
- Return hearings for applicants or respondents
- Contested final hearings
- Hearings to vary or discharge an order
- Hearings about undertakings
- Committal hearings for breach in the family court
Advice for Both Sides
Clear guidance on:
- Whether the legal test is likely to be met
- What evidence the court will need
- Whether to accept or offer undertakings
- How the order may affect child arrangements
- The terms, duration and exclusion zones
- What happens if an order is breached
Document Drafting
Your Barrister can draft:
- FL401 applications
- Witness statements in support
- Statements in response for respondents
- Draft non-molestation orders
- Undertakings and recitals
- Position statements for the return hearing
Your Barrister drafts these documents from your account. You confirm they are true and file them. The order must be served on the respondent by someone other than the applicant.
What You Handle
With Direct Access you:
- Provide a clear account of events
- Gather messages, photographs and records
- File the application and statements at court
- Arrange personal service through the court or a process server
- Report any breach to the police
- Attend each hearing
How Direct Access Works
- 1
Urgent Consultation
Your Barrister considers your situation, whether you are applying or responding, and advises on the legal test, the evidence needed and whether a without-notice hearing is justified.
- 2
Application or Response
For applicants, your Barrister drafts the FL401 and witness statement. For respondents, your Barrister drafts a statement in response and advises on undertakings.
- 3
Without-Notice Hearing
If justified, the applicant's case is heard without the respondent present. If an order is made, it lasts until the return hearing or a specified date.
- 4
Service of the Order
The order and supporting papers must be personally served on the respondent. Arrangements can be made through the court or a process server, never by the applicant personally.
- 5
Return Hearing
Both parties can attend. The court may continue the order, accept undertakings, discharge the order, or list a contested hearing with evidence from both sides.
- 6
Final Order or Outcome
At any contested hearing your Barrister presents your evidence and cross-examines. The court decides whether to make an order, on what terms and for how long.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Who can apply for a non-molestation order?
Anyone who is associated with the respondent under section 62 of the Family Law Act 1996. This includes current and former spouses and civil partners, people who are or were in an intimate relationship of significant duration, people who have lived in the same household other than as lodgers or employees, relatives and parents of the same child.
Can I get a non-molestation order the same day?
Sometimes. The court can hear an urgent application without notice to the respondent where it is just and convenient, considering the risk of significant harm and whether the respondent would deter the application or evade service. Timings depend on court availability and the evidence you can provide.
Is there a court fee for a non-molestation order?
There is currently no court fee to apply for a non-molestation or occupation order on Form FL401. You may still need to pay for personal service, for example by a process server, unless the court arranges service.
An order has been made against me. What should I do?
Read the order carefully and comply with every term, even if you disagree with it, because breach is a criminal offence. Do not contact the applicant to discuss it. Note the return hearing date, prepare your response and get legal advice. A Barrister can help you decide whether to contest the order or offer undertakings.
What is an undertaking?
An undertaking is a formal promise to the court, for example not to contact or approach the applicant. It is given without findings being made against the respondent. Breaching an undertaking is not the criminal offence under section 42A but can be punished as contempt of court. The court will not accept one where violence has been used or threatened and an order is needed for protection.
Is a non-molestation order a criminal record?
No. A non-molestation order is a civil order made by the family court and is not itself a criminal conviction. However, breaching it without reasonable excuse is a criminal offence that can lead to arrest, prosecution and a criminal record.
How long does a non-molestation order last?
The court can make an order for a specified period or until further order. The length depends on the facts and the risk. Either party can apply to vary or discharge the order, and the applicant can apply to extend it before it ends if protection is still needed.
Can a non-molestation order affect child arrangements?
It can. An order may restrict contact between the parents, and any findings or concerns raised will be considered in children proceedings. Orders often include provisions allowing contact for agreed child arrangements, for example through a third party. Your Barrister can advise on wording that protects safety and preserves workable arrangements.
Get Advice on a Non-Molestation Order
Whether you need protection or are responding to an order, a specialist family Barrister can help you quickly.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.