Non-Molestation Orders — Protecting You and Your Family from Harm

If you are living in fear of a partner, ex-partner, or a family member, you do not have to face it alone. At K&A Solicitors in Manchester, we understand how frightening and overwhelming domestic abuse and harassment can feel. Our specialist family law team is here to help you take swift, decisive legal action to keep yourself and your children safe.

A non-molestation order is one of the most powerful legal tools available to protect victims of domestic abuse, controlling behaviour, and harassment in England and Wales. Whether your situation requires urgent same-day protection or you want to understand your options before taking the next step, we are here to guide you every step of the way.

⚠️ Need urgent help? If you are in immediate danger, call 999. For urgent legal protection, call K&A Solicitors on 0161 660 6366 — we act quickly when you need us most.

What Is a Non-Molestation Order?

A non-molestation order is a type of injunction issued by a family court under the Family Law Act 1996. It is a legally binding court order that prohibits a person — referred to as the ‘respondent’ — from using or threatening violence against you, harassing or intimidating you, or pestering you in any way that could cause distress or harm.

The order can apply to a wide range of behaviour, not just physical violence. Courts take verbal abuse, emotional manipulation, relentless unwanted contact, threats, and stalking very seriously, and a non-molestation order can address all of these.

Once granted, the order carries significant legal weight. Breaching a non-molestation order is a criminal offence under the Domestic Violence, Crime and Victims Act 2004, carrying a maximum sentence of five years in prison. This means the police can arrest the respondent immediately upon breach — you do not need to return to court first.

Who Can Apply for a Non-Molestation Order?

Non-molestation orders are available to ‘associated persons’ under the Family Law Act 1996. This is a broad category and includes many types of relationships. You may be eligible to apply if the person you fear is, or has been:

• Your spouse or civil partner
• Your former spouse or civil partner
• Someone you live with or have previously lived with (cohabitants or former cohabitants)
• Someone you are, or have been, in an intimate personal relationship with
• A family member — including parents, siblings, children, and in-laws
• The other parent of your child, regardless of whether you ever lived together
• A person who has parental responsibility for your child

You do not need to be married, in a formal relationship, or even living together to qualify. If you are unsure whether your situation meets the criteria, speak to our family law team and we can assess your circumstances confidentially.

What Can a Non-Molestation Order Cover?

The terms of a non-molestation order are tailored to your specific circumstances by the court. Depending on the nature of the abuse or harassment, the order can prohibit the respondent from:

• Using or threatening any form of violence against you or your children
• Contacting you directly — by phone, text, email, social media, or through third parties
• Coming within a specified distance of your home, workplace, children’s school, or other frequented locations
• Posting harmful, threatening, or embarrassing content about you online
• Damaging your property or belongings
• Intimidating, pestering, or harassing you in any way
• Encouraging or instructing others to engage in any of the above

Our solicitors will work closely with you to ensure the order is as comprehensive as possible, covering every specific behaviour that has been causing you distress or putting you at risk.

How to Apply for a Non-Molestation Order

Applying for a non-molestation order involves making an application to the family court. The process may feel daunting, but with K&A Solicitors by your side, we handle the legal complexities so you can focus on your safety.

Step 1 — Initial Consultation

We begin with a confidential consultation to understand your situation fully. We listen without judgement, explain your legal options clearly, and advise on the strongest course of action for your circumstances.

Step 2 — Preparing Your Application

Our solicitors prepare the application on your behalf, including a detailed witness statement that sets out the history of abuse, threats, or harassment. Strong, well-drafted evidence is essential to securing the order, and we know exactly what the courts need to see.

Step 3 — Submitting to the Family Court

We submit your application to the family court, typically the court closest to where you live. In urgent cases, we can apply on the same day. The court will review your application and, where appropriate, list the matter for a hearing.

Step 4 — The Court Hearing

In most cases, an initial hearing will take place within a few days of the application being submitted. If the order is granted without the respondent being present (see ‘Without Notice Orders’ below), a further hearing will usually be scheduled within a few weeks to allow the respondent to respond.

Step 5 — Service of the Order

Once granted, the order must be formally served on the respondent. The courts usually arrange this via the court bailiff service, or we can arrange personal service if required. The order takes effect as soon as it is served.

Without Notice (Ex Parte) Non-Molestation Orders

In situations where the risk to your safety is immediate, or where informing the respondent of your application could put you in further danger, we can apply for a non-molestation order on a ‘without notice’ basis — also known as an ex parte application.

This means the order can be granted by the court without the respondent being present or even knowing about the application. A judge can grant an emergency without notice order on the same day in genuinely urgent cases.

The court takes this step very seriously, as it involves granting an order without hearing from both sides. However, judges understand that the safety of victims must come first, and if the evidence supports immediate risk, the order will be granted swiftly.

📌 Important: Even if a without notice order is granted, the respondent will be given the opportunity to attend a further hearing — typically within a few weeks — to put their case before the court. We will prepare you fully for this follow-up hearing.

How Long Does a Non-Molestation Order Last?

The duration of a non-molestation order is decided by the court, based on the specific circumstances of the case. Orders are commonly granted for a period of six months to twelve months, although the court has the discretion to grant an order for a longer period, or even an indefinite order, in cases involving serious or persistent abuse.

At the end of the order’s term, it is possible to apply for an extension if the threat or risk remains. Our solicitors can advise you on whether an extension is appropriate and handle the renewal process on your behalf.

What Happens if a Non-Molestation Order Is Breached?

Breaching a non-molestation order is a serious criminal matter. Under the Domestic Violence, Crime and Victims Act 2004, breach of a non-molestation order is a criminal offence, meaning the police have the power to arrest the respondent without a warrant.

If the respondent breaches the order, you should:

• Contact the police immediately by calling 999 if you are in danger, or 101 for a non-emergency
• Keep a detailed record of the breach — date, time, nature of the behaviour, and any witnesses
• Preserve any evidence such as messages, emails, or voicemails
• Contact K&A Solicitors so we can advise on the appropriate steps and, if necessary, return to court

The respondent may be prosecuted in the criminal courts and, upon conviction, faces a sentence of up to five years in prison. The seriousness of these consequences acts as a significant deterrent, but if a breach does occur, we will act promptly and decisively to protect you.

Non-Molestation Order vs Occupation Order — What Is the Difference?

While non-molestation orders and occupation orders are both injunctions available under the Family Law Act 1996, they serve different purposes and are often sought together.

Non-Molestation Order

Focuses on preventing harassment, abuse, intimidation, and unwanted contact. It does not deal with who has the right to live in the family home — it simply prohibits the respondent from behaving in a threatening or harmful way towards you.

Occupation Order

Deals specifically with who has the right to occupy the family home. An occupation order can require the respondent to leave the property and can also exclude them from a defined area around the home.

Many clients require both orders at the same time. For example, if you share a home with an abusive partner, you may need a non-molestation order to stop the abusive behaviour and an occupation order to remove them from the property. Our solicitors will advise you on whether one or both orders are appropriate for your situation.

Can I Get Legal Aid for a Non-Molestation Order?

Legal aid may be available for non-molestation order applications if you are a victim of domestic abuse and meet the relevant financial eligibility criteria. The Legal Aid Agency can fund legal representation in domestic abuse cases where there is sufficient evidence of abuse.

Evidence accepted by the Legal Aid Agency includes, but is not limited to:

• A letter or report from a medical professional, social worker, or domestic violence support worker
• A police report, arrest, or caution relating to domestic violence
• Evidence of relevant criminal proceedings
• A referral from a domestic violence support organisation such as MARAC (Multi-Agency Risk Assessment Conference)

If legal aid is not available to you, we offer competitive private fee arrangements and will be transparent about costs from the outset. We believe that access to justice should never be a barrier to your safety.

Why Choose K&A Solicitors for Your Non-Molestation Order?

K&A Solicitors is a trusted family law practice based on Stockport Road, Manchester, with extensive experience in representing clients across Greater Manchester and the surrounding areas. We understand that applying for a non-molestation order is never easy — it requires courage, and it deserves sensitive, expert, and dedicated legal support.

• Specialist family law solicitors with in-depth knowledge of domestic abuse injunctions
• Fast response — we can act urgently the same day where required
• Confidential, supportive, and non-judgemental approach throughout
• Clear, plain-English advice — we explain every stage so you always know where you stand
• Based in Manchester — local knowledge of the family courts in Greater Manchester
• Legal aid assessed — we will check your eligibility at the first consultation
• Experienced in representing clients in without notice (ex parte) applications

Your safety is our priority. When you call us, you will speak to a qualified solicitor, not a call handler — because in situations like these, every minute matters.

Frequently Asked Questions

How quickly can I get a non-molestation order?

In urgent cases, a without notice order can be obtained on the same day or within 24 to 48 hours. In non-urgent cases, the court will usually list a hearing within a few days of the application being filed.

Do I need to go to court?

In most cases, yes — a court hearing will take place at some stage. However, K&A Solicitors will represent you fully at all hearings, preparing you thoroughly beforehand so you know exactly what to expect. In without notice applications, you may not need to be physically present at the initial hearing.

Will the respondent know I have applied?

In a without notice application, the respondent is not informed about the application before the order is made. Once the order is served on them, they will be aware. In an ‘on notice’ application, the respondent is notified before the hearing takes place.

Can I get a non-molestation order against a neighbour?

Non-molestation orders are only available against ‘associated persons’ as defined by the Family Law Act 1996. If the person causing you harm is a neighbour with no personal connection to you, there are other legal remedies available, such as a harassment injunction under the Protection from Harassment Act 1997. Our team can advise on the most appropriate route for your circumstances.

What if my children are also at risk?

A non-molestation order can be extended to protect your children as well as yourself. The welfare of children is always a priority for the court, and if your children are at risk, the court can include them within the scope of the order.

What if the respondent ignores the order?

Breaching the order is a criminal offence. The police can arrest the respondent immediately upon a breach without returning to the civil courts. You should always report any breach to the police and to us so we can take appropriate further action.

How much does it cost to apply for a non-molestation order?

There is currently no court fee to pay when filing a non-molestation order application. Legal costs depend on whether you qualify for legal aid and the complexity of your case. K&A Solicitors will provide you with a clear estimate of costs from the outset.

Speak to a Solicitor Today

If you need a non-molestation order, or if you simply want to understand your options, our team is ready to listen. We offer a confidential initial consultation where we can assess your situation, explain your legal rights, and set out the steps we can take to protect you.

Your safety cannot wait. Contact K&A Solicitors today.

📞 Phone: 0161 660 6366 📍 Address: 908 Stockport Rd, Manchester M19 3AD 🌐 Website: kandasolicitors.co.uk

The information on this page is provided for general guidance only and does not constitute legal advice. You should always seek independent legal advice tailored to your specific circumstances. K&A Solicitors is authorised and regulated by the Solicitors Regulation Authority.

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