Key Takeaways:
- A non-molestation order typically lasts between 6 and 12 months, though a judge can grant a longer period if the circumstances require it.
- You can apply to extend the order before it expires if you still need protection.
- Breaching a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996, carrying a maximum sentence of five years in prison.
- You can apply without giving the other person prior notice if there is an urgent risk of harm.
A non-molestation order can be a vital form of legal protection for anyone facing harassment, threats or abuse from a partner, former partner or family member. But once you have one, a common question is: how long will it actually last?
In this article, we explain how non-molestation orders work, how long they typically run for and what you can do if you need protection beyond the original end date. You can also find out how to arrange a free 30-minute consultation with our family law solicitors at Osbourne Pinner.
What Is a Non-Molestation Order?
A non-molestation order is a court order made under section 42 of the Family Law Act 1996. It prohibits a person from using or threatening violence against you, harassing or pestering you, or contacting you, depending on what the court decides is necessary given your situation.
The order is available to “associated persons,” which includes current and former partners, spouses, civil partners, family members and, in some cases, people who share parental responsibility for a child. The parties do not need to live together for an order to apply.
Courts take a broad view of what counts as molestation. It is not limited to physical violence. Persistent unwanted contact, online harassment and controlling behaviour can all be grounds for an order.
How Long Does a Non-Molestation Order Last?
Most non-molestation orders are granted for between 6 and 12 months. The exact duration is at the judge’s discretion based on the circumstances of the case. There is no fixed rule.
District judges generally stay within the 6 to 12 month range. High Court judges can grant orders for longer periods if the situation warrants it, though this is less common.
Orders must have a specified end date. Courts cannot grant open-ended or indefinite non-molestation orders, so every order will include a clear expiry date from the outset.
Can a Non-Molestation Order Be Extended?
Yes. If the order is approaching its end date and you still need protection, you can apply to the court to extend it. The key is to make that application before the order expires. Once it has lapsed, you would need to start a fresh application.
When deciding whether to extend, the court will look at whether the risk to you has changed, whether the respondent has complied with the original order and whether continuing protection is proportionate.
Extensions are not automatic. You will need to provide a statement explaining why you still need the order. A solicitor can help you put that case together in the most effective way.
See also: What Happens If a Child Arrangement Order Is Breached?
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 (inserted by the Domestic Violence, Crime and Victims Act 2004), a person who breaches the order without reasonable excuse can face:
- up to five years in prison if convicted on indictment
- a fine
- or both
This is one of the key differences between a non-molestation order and other protective measures. If the respondent contacts you, attends a prohibited address or otherwise breaks the terms of the order, you can report it to the police without needing to go back to court first. The police can arrest the respondent without a warrant.
The Sentencing Council guidelines set out how courts approach sentencing for a breach, with the severity depending on factors such as the nature of the breach and the respondent’s history.
Without Notice Orders: Immediate Protection
If you are in immediate danger, you can apply for a non-molestation order on an emergency basis. This is sometimes called an “ex parte” or “without notice” order. The court makes a decision without informing the respondent in advance, which means protection can be put in place very quickly, sometimes on the same day as the application.
A without notice order will typically be short-term. A further hearing will then be listed at which the respondent can attend and put their case to the court. The judge will then decide whether to continue, vary or discharge the order.
How Do You Apply for a Non-Molestation Order?
Applications are made using Form FL401, which is available on GOV.UK. There is no court fee for applying. Alongside the form, you will need to submit a supporting witness statement setting out the background and why you need protection.
The application goes to your nearest family court. If you are not sure which court to use or how to complete the forms, a family law solicitor can guide you through the process and help you prepare a statement that gives your application the best chance of success.
Related: How Can Legal Help Support Domestic Violence Victims?
What Conditions Can a Non-Molestation Order Include?
The court has wide discretion over what the order prohibits. Standard provisions often prevent the respondent from contacting you directly or indirectly, attending your home address or place of work, or coming within a specified distance of locations you use regularly.
Orders can also be tailored to specific behaviour. If the problem is online harassment, the court can prohibit the respondent from contacting you on social media or by email. If children are involved, the terms can be drafted to allow communication that is strictly necessary for childcare arrangements while preventing direct contact between the adults.
Speak to a Family Law Solicitor about a Non-Molestation Order
Living with harassment or abuse is difficult enough without worrying about whether your legal protection will hold. If you are unsure how long your order will last, whether to apply for an extension or how to respond to a breach, getting proper legal advice early can make a real difference.
At Osbourne Pinner, our family law solicitors have experience helping clients obtain non-molestation orders and navigate what happens after they are in place. We can advise on whether an extension is appropriate, help you report a breach and represent you at court hearings if the respondent seeks to vary or discharge the order.
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.
