On 12 January 2026, new guidance was introduced with a view to changing how the Court approaches non-molestation applications to reflect the recent changes in social attitudes towards non-physical abuse and coercive control.
In this article, we answer some frequently asked questions about non-molestation orders.
What is a non-molestation order?
A non-molestation order is a legal injunction preventing one person from, for example, threatening or harassing another.
These types of orders are put in place to ensure safety and protection from further abuse.
Who can apply for a non-molestation order?
Anyone can apply for a non-molestation order. There are however limitations on whom you can obtain a non-molestation order against. The “respondent” must be a person associated to you, such as:
- Spouse / former spouse
- Cohabitant / former cohabitants
- Partner / former partner (even if you have not lived together)
- A relation (e.g. parent, grandparent, sibling, child, aunt, uncle or cousin)
Will the Court grant me a non-molestation order, and what might this order include?
It should be noted that the Court will not grant these types of Orders lightly.
There is a comprehensive “legal test” which must be met, which includes having regard to all the circumstances of the case, such as the need to secure your health, safety and wellbeing (and any relevant child/ren) and whether the respondent’s behaviour has been abusive (in any form, such as physical, verbal, financial or psychological) – it may be a single abusive incident or an ongoing pattern of abuse.
A non-molestation order may include the following prohibitive measures against the respondent, to protect you (and any child/ren):
- Being violent and/or threatening;
- Harassing and/or intimidating;
- Posting online;
- Direct contact;
- Causing damage to possessions / home;
- Coming near to home / place of work / child’s school or nursery.
I am concerned that the respondent will try to deter me from making an application – what can I do?
An application can be made without notifying the respondent in advance. This is known as a “without notice” application.
The Court will carefully consider whether a without notice application should be granted and only approve this if there is a risk of significant harm to the applicant (and child/ren) and/or if it is considered the applicant will be deterred or prevented from making the application if the respondent receives advanced notice.
I need help urgently – how long will the Court take to consider my application?
Some courts will require you to attend the court building to make your application and they may be granted that same day. Otherwise, it may be that the Court makes an “interim” (temporary) non-molestation order, without you having to attend Court.
The respondent will then receive this paperwork and be provided with an opportunity to accept, disagree but not object, or entirely object to the interim order.
Depending on the respondent’s stance, the Court may need to set a further hearing, to hear the evidence from both sides and determine whether the order shall continue.
Once a non-molestation order has been made, what does this mean?
Once the order is made by the Court and received by the respondent, it will be a criminal offence if they disobey this and they can be arrested.
How long does a non-molestation order remain in place?
Interim without notice orders will usually stay in place until the first hearing (which should take place in no more than 28 days).
If the Court decides the order should continue at that hearing, then the non-molestation order will continue for a further 6 to 12 months.
There is also usually a provision to apply to extend the order at the end of that period, if required.
How can we help?
Our team of solicitors at E J Coombs are experienced in dealing with these types of applications. Please do not hesitate to contact us, using the links below, to arrange an initial appointment to discuss your case further.
