A non-molestation order is a type of injunction that aims to protect individuals from harassment, intimidation, or threats of violence by another person, and protects the applicant and any children from being molested by the other party whilst it is in force. But on what grounds can you apply for a non-molestation order? This article explains all.
A non-molestation order is a type of injunction that aims to protect individuals from harassment, intimidation, or threats of violence by another person, and protects the applicant and any children from being molested by the other party whilst it is in force. But on what grounds can you apply for a non-molestation order? This article explains all.
If you feel you are being harassed or are in danger and you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
What does a non-molestation order contain?
Generally, a non-molestation order includes the following provisions:
- Preventing the abuser from molesting the victim or any others associated with them. This could be children, for example, or other associated relatives who have suffered or will potentially suffer harm
- Banning the abuser from communicating with the victim or instructing a third party to do so
The court can also attach a power of arrest to the order, which means that any breach can be dealt with by the police.
When can I apply for a non-molestation order?
To obtain a non-molestation order, an applicant must demonstrate to the court that they have reasonable grounds to fear for their safety or well-being due to the actions of the other party. The grounds for a non-molestation order can include, but are not limited to:
Actual or Threatened Violence
The applicant must be able to show that the respondent has engaged in, or is likely to engage in, acts of abuse or violence against them or their children.
Harassment
This may involve a pattern of behaviour intended to cause the applicant distress, alarm, or fear. Harassment can be physical, verbal, or emotional.
Intimidation
If the other party’s actions are causing the applicant to feel frightened or coerced, this could be grounds for a non-molestation order.
Control or Coercive Behaviour
This includes situations where the other party exercises control or coercion over the applicant. It might not involve physical violence, but could still be harmful.
Threats
If the other party has made threats against the applicant’s safety or well-being, even if they have not acted upon those threats, it could be a basis for seeking a non-molestation order.
Stalking
Persistent and unwanted behaviour, such as stalking, can also be grounds for a non-molestation order.
When applying for a non-molestation order, the applicant will need to provide evidence to support their claims. This can include witness statements, police reports, medical records, photographs, text messages, emails, and any other relevant documentation that can help establish the need for protection.
How long does a non-molestation last for?
Non-molestation injunctions generally last anything between 6 and 12 months. But the exact duration depends on the individual circumstances of the case. It is possible for an order to last over 12 months, but this depends on the situation and the severity of the molestation. If the end of the period of time is reached and the protection of a court order is still required, the applicant can apply to have the order extended. It’s worth noting that the other party can contest a non-molestation order if they believe it to be unjustified.
What happens if my ex breaches the non-molestation order?
Breaching a non-molestation order is taken very seriously by the court and could amount to a criminal offence. If found guilty, in the most severe cases, this could mean a term of imprisonment. Alternatively, it is possible to pursue the matter through the civil court, which will follow a similar procedure to a criminal trial, and uses the criminal burden and standard of proof: beyond reasonable doubt. If found guilty under civil rules, the other party could face a 2-year maximum prison sentence, although this is likely to be suspended. The court can also issue a fine or issue a new injunction. In some rare situations the other party may also argue that them breaching the order was accidental (e.g. them bumping into you in the park), though their behaviour up to that point and how they react in the moment of the accidental breach is likely to make it clear if it was indeed an accident.
It is important to note that non-molestation orders are a serious legal matter, and the specific grounds and requirements may vary depending on the circumstances of each case. If you are in need of legal advice regarding a non-molestation order, it is recommended you consult a qualified solicitor or legal professional who specialises in family law. Take a look below for the best family lawyers in your area for details of people who can help.
Beyond the Basics: Understanding the Grounds for a non-molestation order
A non-molestation order is designed to protect individuals, and their children from harm, harassment, or intimidation from someone they’ve had a close personal relationship with. At its core, the order aims to ensure personal safety of the victim by legally restricting certain behaviours from the offending individual.
What does the term “molestation” really mean?
Although the word molestation might suggest only physical attack, in the legal context it covers a wide spectrum of harmful behaviour. The law does not tie the term to a strict definition; instead, courts look at the effect of the actions on the victim.
Examples include:
- Repeated unwanted contact — such as persistent calls, messages or showing up unannounced
- Damage or threats to property that cause fear
- Indirect harassment, like asking friends or relatives to pass on abusive messages
- Online behaviour, such as sharing private information or defamatory posts about someone
So, a non-molestation order isn’t only about physical harm; it is about fear, distress and the reasonable belief that someone poses a real risk.
Practical scenarios in everyday life
Here are three fictional scenarios that illustrate how the legal grounds may arise in everyday situations:
- Coercive control after a breakup: Jo and Sam were in a long-term relationship. After separating, Sam repeatedly called Jo, demanded to know who she was seeing, and threatened to turn up at her workplace. Although he didn’t physically hurt her, his conduct left Jo feeling unsafe, anxious and unable to go about her daily life without fear of contact.
Grounds: Coercive control and harassment — repeated unwanted behaviour intended to cause distress.
In such cases, a non-molestation order is often granted because the effect of ongoing intimidation extends beyond sporadic arguments. The court recognises the psychological harm of persistent harassment, not just physical violence.
- Threats and indirect contact: Priya alleges that her former partner not only sends her threatening messages but uses friends and family to relay hostile or intimidating comments. This might include messages on social media urging people to confront her about her choices.
Grounds: Harassment and indirect intimidation — not just the respondent’s direct contact but actions through others.
A court will look at whether this pattern of communication contributes to a climate of fear or distress. In these situations, the order can prohibit any contact, whether that is direct or indirect, and may include social media restrictions.
- Stalking behaviour after a relationship ends: Tariq has separated from his ex-partner, but she continues to follow him, turn up at places he is known to attend and send messages even after being blocked on multiple platforms.
Grounds: Persistent unwanted behaviour may be considered stalking.
Courts are increasingly willing to recognise stalking-like conduct, even absent physical violence, as a valid basis for a non-molestation order when it causes fear or distress.
When a non-molestation order is denied or challenged
Not every application succeeds because the law requires the applicant to establish reasonable grounds to fear for their safety or well-being. If the evidence is weak, inconsistent, or fails to demonstrate fear or distress on the balance of probabilities, an application may be refused. For example:
- Lack of evidence: If there are only vague allegations without dates, witnesses, or records, the judge may conclude there is insufficient basis for protection.
- Disproportionate or speculative claims: The court isn’t meant to prevent hypothetical future conflicts. If allegations are speculative, such as having a fear that the other party might hurt you someday, with no prior pattern of behaviour, it may not be sufficient to secure an order.
- Contradictory accounts: In contested cases, if the facts are heavily disputed and no independent corroboration exists, judges may be cautious about granting an order.
High-profile and newsworthy examples
Occasionally, non-molestation orders appear in high-profile news, highlighting how seriously breaches of these orders are treated.
In early 2026, former England footballer Andy Carroll was reported to have been charged with breaching a non-molestation order in relation to an alleged incident. At the time of writing, Carroll pleaded not guilty to breaching the non-molestation order and had opted to have the case tried in the Crown Court at a later date. The case illustrates how these orders apply even in public figures’ lives and underlines an important point: once an order is in place, breach isn’t just a civil issue; it can become a criminal offence.
When protection isn’t enough: Anecdotal stories from survivors
Non-molestation orders are a critical legal step in protecting individuals and their families, but they’re not always a complete solution on their own. Some survivors report ongoing risk even after an order is made:
- One woman reported years of abuse and control. Even after a non-molestation order, she still faced harassment, leading to additional criminal charges against the abuser and a longer restraining order as part of a broader sentencing outcome.
- Another victim obtained an order, but the abuser continued stalking her, which culminated in a violent attack. The offender was later imprisonment for attempted murder.
What courts look for
When applying for a non-molestation order, the strength of your evidence matters. Typical supporting documentation includes:
- Photographs of injuries, property damage or locations where incidents occurred
- Police reports, incident reference numbers, or call log records
- Screenshots of abusive messages or social media interactions
- Witness statements from friends, neighbours or professionals (e.g., counsellors)
Providing a clear chronology of events helps the court see a pattern of behaviour, which is often more persuasive than a single isolated incident.
Protection with purpose
A non-molestation order is more than a piece of paper and is legal recognition that someone’s behaviour has crossed a line that threatens another’s safety or well-being. While the legal grounds centre on fear, harassment and threats, the real impact of such orders lies in their ability to provide space and security for people recovering from abuse.
These orders are part of a broader system that includes police enforcement, criminal law where necessary, and ongoing support services. They are powerful when backed by clear evidence and enforcement, but they are also just one piece of a larger puzzle in tackling domestic abuse and harassment in all its forms.
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