When someone is experiencing domestic abuse or feels at risk of harm from a partner, ex-partner or family member, it’s vital to act quickly. A non-molestation order is a type of injunction issued by the family court that can help protect you and your children from unwanted contact, intimidation or abuse.
At Blackfriars Law, our family law solicitors in Birmingham provide sensitive, confidential legal support to help you secure the protection you need. Whether you’re in immediate danger or facing ongoing harassment, we’ll act swiftly to safeguard your wellbeing.
These orders are legally binding. Breaching a non-molestation order is a criminal offence, and police can arrest the perpetrator if the order is violated.
If you’re unsure whether your situation qualifies, our solicitors will explain your options clearly and help you take the right steps.
In urgent cases, we can apply for a non-molestation order without notifying the other party (known as a ‘without notice’ or ex-parte application). This allows the court to grant immediate temporary protection where there’s a risk of harm.
Once granted, the order can be served by court officers or arranged via our legal team. The respondent will then have an opportunity to attend a full court hearing, at which point the judge can decide whether to extend the order.
At Blackfriars Law, we’ll handle every part of this process for you, from preparing your witness statement to representing you in court. We move quickly to ensure your safety is prioritised and that you’re supported throughout.
It’s important to know that domestic abuse is not always physical. Coercive and controlling behaviour such as monitoring your movements, isolating you from friends or family, or dictating how you live your life can also form the basis of a non-molestation order.
We approach these cases with care and empathy. We’ll help you document your experiences and build a strong, evidence-based application to present to the court.
Orders typically last between 6 to 12 months, but they can be extended if necessary. Every case is different, and the court will consider the specific risks and circumstances before deciding the appropriate duration.
If the respondent breaches the terms of the order during this time, you should call the police immediately. Because the order carries legal weight, enforcement can happen quickly.
We know how difficult it can be to seek help. This is particularly true when the abuse comes from someone close to you. But you don’t have to go through it alone. Our family solicitors provide a safe, supportive environment where your concerns will be heard and taken seriously.
We offer urgent legal support for clients in Birmingham and surrounding areas, and we’re experienced in working with survivors of domestic abuse, including cases involving children, financial control, and long-term emotional trauma.
A Non-Molestation Order is a type of injunction granted by the family court to protect someone from harassment, threats, or abuse by a current or former partner, family member, or someone with whom they have a close relationship.
It is made under the Family Law Act 1996 and aims to prevent harm and ensure safety.
In UK law, ‘molestation’ includes a wide range of behaviour – not just physical violence. It can include:
You can apply through the family court, usually with help from a solicitor. The application includes:
Legal aid is often available for these applications.
Yes, you’ll need to explain your experiences in a detailed witness statement. Evidence can include:
However, you can still apply even if you haven’t reported the abuse to police.
Breaching a Non-Molestation Order is a criminal offence. The police can arrest the person without a warrant. If found guilty, they could face:
Yes, if the court proceeds to a full hearing, the respondent will receive a copy of your statement and application. However, if you’ve applied ‘without notice’, they will only see it after the court has made an interim order and set a return date for a full hearing.
You can apply yourself, but it’s strongly recommended to get legal advice – especially in urgent or complex situations. Legal aid is usually available for victims of domestic abuse, depending on your financial situation and the strength of your case.
No, they are not the same, although both provide protection from harassment, abuse, or threats. The key differences lie in how they are obtained, the legal context, and who they apply to:
Non-Molestation Order
Restraining Order