Understanding Non-Molestation Orders Part 2

Building on the first part of my blog on non-molestation orders, this instalment explores the application process and enforcement, including what to do if an application is made against you.

The Application Process

It is advisable to consult a solicitor, who can apply for the order on your behalf. Preparing and presenting a case yourself can be challenging, particularly if you feel anxious or afraid of the other party. A clear, well-structured application, supported by evidence wherever possible, is more likely to succeed. A solicitor can help identify the strongest aspects of your case and ensure they are clearly presented.

Once the application has been submitted, the court will process it, notify the other party and set a date for an initial hearing. Both parties, or their solicitors, will have the opportunity to present their evidence. Depending on the outcome, a further hearing may be required.

The court will keep the parties separate within the building and provide screens during the hearing, so that you do not have to see the other party.

Without-Notice Applications

In limited circumstances, the court will make an order without giving prior notice to the other party—for example, where advance warning could place you at risk. Your solicitor can advise whether the circumstances of your case justify a without-notice application.

Duration of Non-Molestation Orders

Non-molestation orders are most commonly made for six to twelve months. An application can be made to extend an order, but the court must be satisfied that an extension is necessary.

Enforcement and Breach

Unlike other civil remedies, a non-molestation order carries a power of arrest. Breaching the order is a criminal offence and can lead to arrest, prosecution, a fine and/or imprisonment for up to five years.

What if a Non-Molestation Order Is Sought Against You?

Not every application has merit. Non-molestation orders should never be used to punish someone for ending a relationship or to retaliate for a perceived wrongdoing. If an application is made against you, it is strongly advisable to seek legal advice immediately. These orders carry significant consequences if breached, including a criminal conviction and possible imprisonment.

In appropriate circumstances, undertakings may be offered as an alternative to a non-molestation order. Where an application lacks merit, the court may dismiss it. If an application has been made against you, seek legal advice without delay

Blog Author

Sarah Maxwell is a Family Solicitor at Hughes Paddison, specialising in divorce, financial matters arising from relationship breakdown, child arrangements and protective injunctions. Having joined the firm in 2025, Sarah brings over 20 years of legal experience, including 17 years working in criminal defence across Gloucestershire before moving into family law in 2021. She advises clients on a wide range of family matters, including pre-nuptial agreements, separation agreements, cohabitation disputes and matrimonial finances. Known for her friendly and approachable manner, Sarah combines clear, practical legal advice with reassurance and understanding during what can be a challenging time for clients.