What is a non-molestation order?

29 MAY 2025 10:00

We understand that experiencing difficulties with an ex-partner can be a stressful and worrying time, especially if you have children.

Most people are familiar with the concept of a Restraining Order; however, in the event that you are experiencing issues with an ex-partner, and the police are not taking any action, you may be able to apply to the Family Court for a solution.  This is because an ex-partner would fall under the definition of an ‘Associated Person’.  Family members, fiancées, spouses, and someone you used to live with would also fall within this definition. 

A Non-Molestation Order is a protective Order which can exclude a person from a certain area; put conditions in place to stop them from contacting you, directly or indirectly; and prevent them from causing harm to you and your children.  A Non-Molestation Order is a serious and effective way of dealing with unwanted contact, and can come with a power of arrest.

The Court will take a reactive, rather than preventative, approach to granting a Non-Molestation Order.  This means that they will want to see evidence of the unwanted contact, rather than putting an Order in place before anything has happened.  You would therefore need recent evidence of unwanted contact, which could be text messages, phone calls, or turning up at your property. 

We would recommend that you keep a detailed written log of all unwanted contact to support your application.  In the first instance, we would write a ‘warning off’ letter to your ex-partner requesting that they refrain from contacting and harassing you, and advising them of your intent to take the matter to Court if they do not stop harassing and intimidating you.  If your ex-partner then continues their behaviour after receiving our letter, we can use this as evidence of continued harassment, despite a warning being received, which will support your application for the Order.

Should you require any assistance with a Non-Molestation Order, please contact our family department on 01554 755101 and they will be able to assist you. In the meantime, if you are scared or feel that you are in danger at any time, you should contact the police on 999. 

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