Non-molestation lawyers & divorce solicitors

Non-molestation and occupation orders can protect you from domestic abuse, harassment and stalking

Do not suffer in silence. Get in touch now to find out how we can help you protect yourself or your child

Non-molestation and occupation orders

It is common for us to advise people who are in terrible situations in which their safety is at risk. Very often, these situations lead to criminal proceedings and the perpetrator is prosecuted in a crown or magistrates court, depending on the nature and severity of the alleged crime. It is often advised, however, that a civil court case is made in the form of a non-molestation order. 

In simple terms, when a non-molestation order is made, a court orders that a person does not molest another person, and molestation is defined in law as the following:

Molestation involves any form of physical, sexual or psychological molestation or harassment that has a serious impact on the health and well-being of the applicant.

Types of molestation include:

  • Physical violence, such as hitting, pushing or shoving
  • Threatening behaviour, for example verbal threats and stalking
  • Harassment, including intimidation and unwanted contact
  • Controlling behaviour, for example restricting finances and monitoring communication
  • Psychological or emotional abuse, such as insults or humiliation

A non-molestation order is a type of injunction, there are no court fees for applying for one, and it can be granted by a court if you or your child are a victim of, or at risk of being a victim of, one or more of the above. 

We find the different types of molestation as listed above in a variety of situations in which a person is, essentially, under attack. It is, however, common for such behaviour to go unpunished in a criminal court where a case has to be proven beyond any reasonable doubt. If you can prove on the balance of probabilities that you are being molested or you’re at risk of molestation, then an order in The Family Court will be made.

Note, the burden of proof lies with the applicant, so we advise you to get the support of specialist lawyers such as Belderbos Solicitors to help you gather evidence, such as police reports, witness statements or medical records. We can make sure you are following the application process correctly and we can represent your interests robustly in court. 

Frequently Asked Questions

What situations can a non-molestation order protect against?

The types of molestation we mention here can be seen in many different situations, including:


  • Domestic violence - if you are experiencing physical or emotional abuse from a current or former partner
  • Stalking -  if someone is persistently harassing or following you. A non-molestation order can prevent them from contacting you or coming near your home or workplace.
  • Controlling behaviour by a partner or ex-partner - if a partner is trying to control your finances, communication or overall daily life with threats or intimidation, a non-molestation order can help protect you by establishing boundaries
  • Protecting children - a non-molestation order can be used to protect your child from exposure to domestic violence or from being used to control the other parent

Do not suffer in silence if you and / or your child are at risk of harm. Call the police. This should be your first act. We then advise you to talk to a lawyer who specialises in non-molestation orders. Our team are specialists in supporting people needing non-molestation orders, so do not delay and get in touch as soon as possible. We are here to help.

What restrictions are included in a non-molestation order?

The Government’s judiciary department gives the following information on what a court order will say:

 

The Court ordered that: You are forbidden from doing any of the following things and you are forbidden from asking another person to do any of the following things on your behalf.

 

You must not:

  • use or threaten any violence towards the applicant;

  • threaten or intimidate the applicant;

  • threaten or intimidate  the child (name)

  • damage or attempt to damage or threaten to damage any property belonging to the applicant or jointly owned by you and the applicant;

  • go to or enter or attempt to enter any address where you know or believe that the applicant lives or is staying;

  • enter [road name] except that you may travel along [road name] in a car, bus or other vehicle but you must not park your vehicle in [road name];

  • go to [school name] or enter [school road]

  • send any threatening or abusive letter or text or voicemail message or other communication to the applicant;

  • make any  threatening or abusive telephone call to the applicant;

  • communicate with the applicant whether by speaking, by sending a letter, telephone, text, message or other means of communication except through solicitors or except for the purpose of serving any evidence or application in court proceedings or except by email/ text for the purpose of making contact arrangements for the child (name) ;

  • communicate with the child (name) by speaking, telephone, text, message, or other means of communication  except for any contact which the court has ordered;

  • post about the applicant [or the child (name)] on the internet or social media;

  • harass pester or molest the applicant or the child (name);

The court made this order against you on [date].  You must obey this order.  You should read it carefully. If you do not understand anything in this order you should go to a solicitor, Legal Advice Centre or Citizens Advice Bureau.  You have a right to apply to the court to change or cancel this order.


If you do anything which you are forbidden from doing by this order, you will be committing a criminal offence unless you have a reasonable excuse.  If you are convicted the court could impose a term of imprisonment up to five years or a fine or both.

So note here that although non-molestation orders are civil orders, not criminal charges, the breach of such an order is a criminal offence.

Who can apply for a non-molestation order?

You can usually apply if you’re a victim of domestic abuse and the person you want to be protected from is someone you’re having or have had a relationship with, such as:


  • husband, wife or civil partner

  • former husband, former wife or former civil partner

  • fiancé, fiancée or proposed civil partner

  • former fiancé, former fiancée or former proposed civil partner – if your engagement or agreement to form a civil partnership ended less than three years ago

  • boyfriend, girlfriend, partner or a person you’re in or have been in a relationship with for more than six months

If you were engaged to or had agreed to form a civil partnership with the subject of your order (the respondent), you’ll need to provide evidence, such as a statement from a witness who attended the celebration or ceremony.

You can apply if the respondent is a close family member, for example a parent, brother, sister, aunt or uncle.

And you can apply if you have a child or grandchild and the respondent is the child’s parent or person you share parental responsibility with.


If your child (or grandchild) has been adopted, you can also apply to get an injunction against their:


  • adoptive parent

  • anyone who has applied to adopt them

  • anyone the child has been placed with for adoption

What is the difference between a non-molestation order and an occupation order?

Both non-molestation orders and occupation orders are civil injunctions used in UK family law to protect people from domestic abuse.


However, an occupation address has a more specific focus. Here are some pointers about occupation orders:


  • Focus - they regulate the occupation of a property, such as the family home. This can involve excluding the respondent from the property entirely, or limiting their access to specific areas of the property

  • Protects living arrangements - an occupation order can be used to ensure the victim's safety and peace of mind within their own home

  • Applies more narrowly - occupation orders are typically granted for spouses, ex-partners, or cohabitants involved in a shared property

  • Enforcement - while not a criminal offence, breaching an occupation order can lead to the respondent being arrested and potentially facing contempt of court charges

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