When home doesn’t feel safe: how a non-molestation order can help you take back control

In the year ending March 2023, there were 30,979 applications for non-molestation orders in England and Wales, the highest number since records began in 2010. This reflects a growing recognition of the importance of legal safeguards in situations of domestic abuse.

What is a non-molestation order?

A non-molestation order is a court order designed to protect you, and any children involved, from harassment, threats or violence by someone you are personally connected to, usually a current or former partner or a family member.

The term “molestation” might sound old-fashioned, but it is legally powerful. It covers a wide range of behaviour that makes you feel unsafe, such as:

• verbal abuse or threatening behaviour;
• physical violence or intimidation;
• constant, unwanted contact, such as phone calls, texts, emails or turning up at your workplace;
• following you, watching your house, or arriving uninvited;
• sharing, or threatening to share, private images or information.

Importantly, this protection is not only about physical harm. Emotional and psychological abuse count too, and the courts recognise that.

Who can apply for one?

Non-molestation orders are available to people who have a close personal relationship with the person they need protection from. This includes:

• spouses and former spouses;
• civil partners and former civil partners;
• people who have lived together as a couple;
• parents of the same child;
• certain other family members.

If you are not sure whether your relationship qualifies, do not worry. We can help assess your situation and advise on the best options.

How can it help me?

A non-molestation order can:

• prohibit the person from contacting you directly or indirectly, including calls, texts, emails or social media;
• prevent them from coming near your home, your workplace or your children’s school;
• stop them from intimidating, threatening or harassing you in any form;
• enable police involvement if the order is breached.

In short, it sets clear legal boundaries, and if those boundaries are crossed it is a criminal offence. The police have the power to act swiftly.

What if I need protection quickly?

If you feel you are in immediate danger, it may be possible to apply for an emergency non-molestation order without notifying the other person in advance. This is known as a “without notice” application.

In urgent situations, courts will often deal with these applications as quickly as possible, sometimes even on the same day, but this can vary depending on the circumstances, court availability and the evidence provided. If granted, the order can take effect promptly and offer immediate protection while the case progresses.

What happens if the order is broken?

Breaching a non-molestation order is not just a civil issue; it is a criminal offence. The police can arrest the person immediately, and they could face serious consequences, including a fine, a criminal conviction or a prison sentence.

In urgent cases, this kind of protection can be life-changing. It can mean the difference between living in fear and reclaiming your peace of mind.

Do I really need a solicitor?

You might wonder whether you can do this on your own. Technically, yes, but this is about more than filling in forms. Your safety and your children’s welfare depend on how clearly and convincingly your situation is presented to the court. Having a solicitor means:

• your evidence is presented clearly and persuasively, so the court fully understands the nature and impact of the behaviour you have experienced;
• the terms of the proposed order are carefully drafted to be both legally enforceable and proportionate to your circumstances, providing effective protection;
• you receive ongoing guidance throughout the process, delivered with sensitivity, confidentiality and an understanding of the emotional complexities involved;
• you are represented and supported during court proceedings, so your application is advanced properly and your rights are protected.

You can read more about how we help on our domestic abuse solicitors page.

You don’t have to tolerate fear

Too many people wait until things “get worse” before seeking help. You do not have to. The law is here to protect you, and so are we.

If you are feeling threatened, overwhelmed or unsure what to do next, we are here to listen and to help you find a way forward. A non-molestation order could be your first step towards peace of mind, and ultimately freedom.

Contact our family law team today for a confidential, no-obligation conversation. We are here to help, not to judge, and we will work to get you the protection and support you deserve.

This article is general information and does not constitute legal advice. Every family situation is different, and the law as it applies to your circumstances may differ from the general position described here.