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Domestic Abuse10 min read

Emergency protection: the FL401 non-molestation order

A non-molestation order is a court order that prohibits a person from using or threatening violence against you, intimidating or harassing you. It can be granted on the same day you apply, without the other person knowing (“without notice”).

Who can apply

You can apply if the abuser is an “associated person” — a current or former partner, family member, someone you live or have lived with, or the parent of your child. You do not need to be married.

Without-notice applications

If you are in immediate risk of harm, the court can hear your application without telling the abuser first. You must explain in the FL401 why a without-notice order is necessary. The order lasts until a full hearing (usually within 14 days) where the abuser can respond.

What the order covers

The court will tailor the order to your circumstances. It may prohibit the abuser from contacting you directly or indirectly, coming within a specified distance of your home or workplace, posting about you on social media, or instructing others to harass you.

Breach of the order

Breaching a non-molestation order is a criminal offence under the Family Law Act 1996. The abuser can be arrested without a warrant. Call 999 immediately if the order is breached.

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This guide provides legal information only and does not constitute legal advice. Laws and procedures may change. Always verify current requirements with HMCTS or a qualified solicitor.