Key Takeaways:
- You can apply for a non-molestation order on an emergency basis without telling the other person in advance if there is an urgent risk of harm.
- Applications submitted before 4pm are generally considered by a judge the same day. Those submitted after 4pm are usually dealt with the next working day.
- Under 2026 guidelines, without-notice orders are classed as exceptional but this does not mean they are rare – judges can and do grant them where the risk is genuine.
- Where a without-notice order is made, a return hearing must be listed within 28 days and the date must appear on the face of the order.
If you are facing immediate threats, harassment or abuse from a partner, former partner or family member, you do not have to wait for a scheduled court hearing before getting protection. An emergency non-molestation order can be granted within hours in the right circumstances.
This article explains how emergency applications work, what the court looks for and what happens once an order is in place. Our family law solicitors at Osbourne Pinner offer a free 30-minute consultation and can guide you through the application process.
What Is a Non-Molestation Order?
A non-molestation order is a family court order that prohibits a person from using or threatening violence against you, harassing or intimidating you, or making contact with you. The exact terms depend on what the court decides is necessary for your protection.
Non-molestation orders are available to people who are, or were, in a relationship with the person causing harm, or who share a family connection with them. This includes current and former spouses, civil partners, cohabitants and family members. Courts take a broad view of what counts as molestation. Physical violence is not required. Persistent unwanted contact, online harassment and controlling behaviour can all be grounds for an order.
What Is an Emergency (Without Notice) Application?
In most family court applications, the other person is told about the proceedings in advance and has the chance to attend and respond. An emergency application, also called a without-notice or ex parte application, skips that step entirely.
The court makes its decision based only on your account. If granted, the order takes effect immediately, protecting you before the other person even knows you have applied.
Updated guidance published in 2026 makes clear that without-notice orders are classed as exceptional rather than routine. Exceptional does not mean rare. Where there is a genuine risk of harm and it would be unsafe or impractical to give notice, the court has full authority to grant immediate protection. Judges consider factors such as the risk of violence, the likelihood of the respondent hiding or destroying evidence and whether giving notice would itself put you at further risk.
How Fast Can You Get an Emergency Order?
Applications submitted to the family court before 4pm are generally considered by a judge the same day. Applications received after 4pm are usually dealt with on the next working day.
If the judge is satisfied that the risk is genuine and immediate, the order can be made and served on the respondent within a matter of hours. Courts will also accept applications by email where all required documents are signed and supporting evidence is included.
How to Apply for an Emergency Non-Molestation Order
The application is made using Form FL401, available on GOV.UK. There is no court fee. Alongside the form, you must submit a witness statement setting out the history of what has happened and explaining why you need protection urgently and without giving the other person notice.
The FL401 form is now over 20 pages long and requires a detailed supporting statement. Mistakes or gaps can cause delays at exactly the time when speed matters most. A solicitor can help you complete the form correctly, draft a clear and compelling witness statement and submit everything to the right court as quickly as possible.
The application goes to your local family court. If you are not sure which court is nearest or how to make an emergency submission, your solicitor can manage this on your behalf.
See also: How Can Legal Help Support Domestic Violence Victims?
What Happens After a Without-Notice Order Is Granted?
An emergency order is always temporary. The 2026 guidelines confirm that where a without-notice order is made, the court must fix a return hearing within 28 days and the date of that hearing must appear on the face of the order itself.
At the return hearing, the respondent can attend and put their case to the court. The judge will then decide whether to continue the order, change its terms or bring it to an end. This hearing is your opportunity to present further evidence and explain why ongoing protection is needed.
Having a solicitor represent you at the return hearing significantly strengthens your position. The other side will often attend with legal representation, and the quality of the case put to the judge can make a real difference to the outcome.
What Happens If the Order Is Breached?
Breaching a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996. If the respondent contacts you, attends a prohibited address or otherwise breaks the terms, you can report it to the police immediately. The police can arrest without a warrant. Convictions can result in a prison sentence of up to five years, a fine or both.
Related: Abusive Relationships: Legal Help and Protection
Speak to a Family Law Solicitor about Emergency Protection
If you are in immediate danger, the most important thing is to get protection in place quickly and correctly. An emergency non-molestation order can be granted the same day, but the application needs to be right first time. Errors or gaps in the paperwork can cause delays that put you at risk.
At Osbourne Pinner, our family law solicitors can help you apply for an emergency non-molestation order as quickly as possible. We will prepare your witness statement, complete the FL401, submit to the correct court and advise you on what to expect at every stage.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
