When someone is experiencing domestic abuse, the situation can feel overwhelming, isolating, and unsafe. But UK law provides protective measures to help individuals feel secure again, one of the most immediate and effective being a non-molestation order. If you’re wondering about the non-molestation order process, this guide explains everything you need to know: what the order means, how it works, how quickly it can be put in place, and what happens if it is breached.

At Berkson Family Law Solicitors, we regularly assist clients who feel frightened, unsure of their legal rights, or uncertain about whether they qualify for protection. This article is designed to explain the non mol order clearly, and most importantly, to help you feel empowered to take the first step towards safety.

What Is a Non-Molestation Order?

A non-molestation order is a type of protective injunction granted by the family court. It is designed to prevent an abuser (often an ex-partner or family member) from threatening, harassing, intimidating, or physically harming you or your children. These orders can be tailored to your specific situation and often include terms such as:

• Preventing contact by phone, text, social media, or in person 
• Banning the abuser from coming near your home or workplace 
• Prohibiting threats of violence or emotional abuse 
• Stopping the person from damaging property or turning up uninvited 

This kind of order offers legal reassurance and physical protection, helping individuals regain a sense of control and safety during what is often a very distressing time.

Who Can Apply for a Molestation Order?

You can apply for a non mol order if you are a victim of domestic abuse and are associated with the abuser, meaning you have, or had, a personal relationship. This includes spouses, ex-partners, people living in the same household, or those who share parental responsibility for a child.

Children can also be included in a non-molestation order if the court believes they are at risk or have been affected by the behaviour.

Understanding the Non-Molestation Order Process

The non-molestation order process begins with a confidential consultation with a solicitor. At Berkson Family Law, we treat this conversation with absolute sensitivity. We’ll ask you about your circumstances, the kind of behaviour you’ve experienced, and whether there have been any recent incidents. This helps us determine whether the case qualifies for urgent protection and if legal aid is available.

We will then help you prepare the legal documents, including a sworn statement detailing the abuse and why the order is needed. This statement is incredibly important and will form the basis of the court’s decision. Once the application is filed, the court can take one of two approaches:

1. Without Notice Applications

If there is a serious and immediate risk to your safety or to the safety of your children, the court can grant a non-molestation order without notice. This means the other person will not be informed about the application beforehand. This is usually reserved for urgent situations, where warning the abuser could put you at greater risk.

If granted, the order is effective immediately, and arrangements will be made to serve the abuser with the legal documentation.

2. On-Notice Applications

If the risk is not immediate but still serious, the court may list a hearing to which both parties are invited. The judge will hear both sides before deciding whether to issue the order. This process may take slightly longer but can still result in strong legal protection.

How Quickly Can a Non Mol Order Be Granted?

In urgent cases, it is possible to have a non mol order granted the same day you speak to a solicitor, especially if you contact us early in the morning with all necessary documentation. In other, less urgent cases, it may take a few days or a couple of weeks depending on the court’s schedule.

The key factor is how quickly you can access legal support and provide the required documents, such as evidence of abuse and financial details (if applying for legal aid).

What Happens After the Order Is Granted?

Once a non-molestation order is made, it must be served on the person it applies to. This is usually done by a process server, a professional who delivers legal documents and ensures the person understands what the order means. A copy of the order is also sent to your local police station.

From this point on, if the abuser breaches any of the terms, it becomes a criminal offence. You should contact the police immediately, and they have the authority to arrest and charge the individual for violating the order. This legal consequence acts as a serious deterrent and can offer lasting peace of mind.

What If the Abuse Continues?

If the abuser continues their behaviour after the order has been served, the police can take action. Breaching a non-molestation order is a crime, and the consequences can include a fine, community service, or even a prison sentence. If the police do not respond or you feel that your concerns are not being taken seriously, your solicitor can assist with a court application for contempt of court, which can also lead to penalties for the abuser.

Getting Legal Help From Family Law Consultants

Whilst going through the non-molestation order process, it can feel daunting, especially when you’re already under emotional strain. That’s why speaking with compassionate and experienced family law consultants is so important. At Berkson Family Law, we guide you through every step: from gathering evidence and preparing your statement, to representing you in court and ensuring your safety is prioritised.

We also assess whether you qualify for legal aid, helping to remove financial barriers that might otherwise prevent you from getting the protection you need.

Take the First Step Towards Safety 

If you are facing any form of domestic abuse and believe a non-molestation order might help protect you or your children, please know that you are not alone. At Berkson Family Law Solicitors, we understand how difficult this decision can be, but we’re here to support you with care, confidentiality, and expert legal advice.

If any part of this article feels familiar, or if you’re unsure but need someone to talk to, we offer free initial consultations to help you understand your options. Contact us today to speak with one of our experienced family law consultants, and let us help you take the first step towards safety and peace of mind.