Information

Applying for a Non-Molestation Order

This page provides information on how to apply for a Non-Molestation Order, what to include in your witness statement and details of what a Non-Molestation Order might look like.

How do I apply for a Non-Molestation Order?

 To apply for a Non-Molestation Order you will need to complete Form FL401 which can be found here or you can obtain a copy from your local Family Court.

Guidance on filling out the form can be found on form FL700, available here

If you wish to keep your address or phone number confidential, you will also need to complete a form titled C8—making sure you make it clear that your address is confidential.

You should also provide a statement (see below for more information). Once you have completed this it should be submitted to your nearest Family Court. 

The Family Procedure (Amendment) Rules 2017, which come into force on 6 April 2017, amend the Family Procedure Rules 2010 Parts 10 (applications under Part 4 of the Family Law Act 1996) and 11 (applications under Part 4A of the Family Law Act 1996) respectively to:

– ensure that applicants for occupation or non-molestation orders under Part 10 do not, in person, hand over papers to respondents.

There is no fee to be paid to make an application for a Non-Molestation or Occupation Order.

What should I put in my witness statement?

In your witness statement you should detail all incidents of violence and threats and incidents of aggressive and intimidating behaviour from the perpetrator towards you (and your children).

You should include details on the following:

  • When did the incident(s) happen?
  • Where did the incident(s) happen?
  • What happened – what was said, were you injured, how did you feel, what happened next?
  • Who was involved – were there any witnesses, did you contact the police or children’s services, did you visit your GP?
  • Provide full details of any agencies involved:
    • Police – include crime reference number, whether the Respondent was charged, whether the case went to trial, whether the perpetrator was imprisoned or if no action was taken why not?
    • Medical help – include name of hospital/GP/surgery, detail what treatment was provided, whether the medical staff know about the incident.
    • Children’s Services – social worker’s name, any investigations or reports, any action taken.

You should also provide as much details of the respondent as you can:

  • their name, address, telephone number, DOB
  • their occupation and work address
  • their physical description – their height, build, skin colour, hair, facial hair, tattoos, piercings, distinctive marks, accent.
  • details of their vehicle (registration and description)
  • any knowledge you have of their routine e.g. they leave their residence at 7am in the morning, they are at work between 8.30am – 5.30pm. They return home at 7pm.

The Witness Statement should be written in first person i.e. “I have lived with The Respondent for 4 years…”

You can download our example witness statement here as guidance.

What is likely to be in the terms of the Non Molestation Order?

The following are standard terms usually found in a Non Molestation Order:

The Respondent must not:

  • Use /threaten any unlawful violence against you
  • Enter or come within 100 metres of your address
  • Communicate with you whether by letter, text message or other means of communication except through your solicitor
  • Harass, pester or molest you
  • Instruct or encourage any other person to do anything which is forbidden by the order.

There can also be other terms if your statement contains examples/threats of a similar nature. For example:

The Respondent must not:

  • Use/threaten to use any unlawful violence towards any children
  • Damage/attempt to damage/threaten to damage any property belonging to you or jointly owned by you and the Respondent
  • Damage/attempt to damage/threaten to damage any of the contents of the your home
  • Enter or come within 100 metres of other addresses you are likely to be found (e.g. your place of work, your parents’ address etc.)