For many people experiencing domestic abuse, the idea of taking legal action (obtaining a molestation order) can feel intimidating. One of the most common concerns is around evidence: What proof do I need? Will anyone believe me? These are real fears, and at Berkson Family Law Solicitors, we understand how overwhelming the process can seem, especially when you’re already dealing with emotional distress or fear.

If you’re thinking about applying for a molestation order, more formally known as a non-molestation order, you may not realise that you already have more evidence than you think. This article will walk you through the kind of documentation that can support your application, from messages and screenshots to witness accounts and your own statement. Our goal is to make this process feel less daunting and empower you to take that first step with confidence.

What Is a Molestation Order?

A molestation order is a type of protective injunction issued by the family court under domestic abuse law. It is designed to protect individuals (and their children) from being harassed, threatened, or harmed by someone they are personally connected to, typically an ex-partner, spouse, or family member.

Once granted, a molestation order can prevent the respondent from contacting you, coming near your home or workplace, threatening you, or using abusive language and behaviour. Breaching the order is a criminal offence and can result in arrest and prosecution.

Do I Need Evidence to Apply for a Non-Molestation Order?

Yes, you will need to provide a clear account of what has happened and why protection is needed. But this doesn’t necessarily mean you must have police reports or medical records. The court understands that domestic abuse often takes place in private, without formal documentation. What matters is presenting a truthful and compelling case.

Your application is supported by a document called a statement of truth, where you explain the history of the relationship, the abuse you’ve experienced, and why you fear it may continue. This statement is treated seriously and can form the basis for granting the order, even without external evidence.

That said, where additional proof is available, it strengthens your case, especially if the abuser contests the application.

Types of Evidence That Can Support Your Molestation Order

Here are some of the most common and useful forms of evidence to consider gathering for your molestation order. You do not need all of these, even one type can be helpful, but your solicitor will guide you on what’s relevant in your case.

1. Text Messages and Screenshots

If the abuser has sent threatening, harassing, or abusive messages via text, WhatsApp, Facebook, or any other platform, these can be used as key evidence. Screenshots should clearly show:

• The sender’s name or number

• The date and time

• The content of the message

Try to keep messages in context, rather than only showing isolated messages, include a few before and after, to show patterns of behaviour.

2. Call Logs and Phone Records

Repeated unwanted calls, especially late at night or after you’ve asked someone not to contact you, can support a claim of harassment. Call logs showing frequent attempts to contact you may be helpful, especially if they match the timeline in your statement.

3. Emails or Social Media Posts

Abuse isn’t limited to phone messages. If the person has contacted or harassed you by email, left disturbing comments on your posts, or publicly threatened or insulted you on social media, these can all be submitted.

Download or screenshot posts or messages promptly, as they can be deleted.

4. Photos or Videos

In cases where physical abuse has occurred, photos of injuries, damage to property, or other visual evidence can be useful. Always ensure that your safety comes first, never attempt to take photos if doing so could escalate the situation or put you at risk.

5. Witness Statements

Friends, neighbours, or family members who have witnessed the abuse, arguments, or resulting emotional distress can provide written statements to support your case. These don’t have to be formal legal documents, just honest, signed accounts of what they saw or heard.

6. Police Reports or GP Records (If Available)

If you’ve ever reported the abuse to the police, or visited your GP due to anxiety, injury, or stress related to the situation, these records can be requested. While not essential, they add weight to your claim, especially if you’re applying for legal aid.

7. Your Personal Statement

Most importantly, your own non-molestation form and statement of truth is a vital piece of evidence. This is where you describe:

• The nature of the abuse (physical, emotional, coercive, or financial)

• How long it has been happening

• The most recent incidents

• The impact on your wellbeing or your children

• Why you need protection now

Our team of domestic abuse lawyers will help you prepare this statement with sensitivity and clarity, ensuring it reflects your experience in a way the court will understand and respect.

What If I Don’t Have Much Evidence?

Many people worry they won’t be believed because they don’t have photos, police reports, or texts. But remember, your personal statement is evidence. The court considers your lived experience seriously, especially when the statement is supported by a solicitor and presented clearly.

At Berkson Family Law Solicitors, we regularly help clients secure protection even when they felt they “had no proof.” We’re here to support you in gathering what you do have, and ensuring your voice is heard to successfully grant a molestation order.

Taking That First Step with Domestic Abuse Support

Gathering evidence can feel like reliving the trauma. That’s why we approach every case with care, discretion, and reassurance. Our team of family law solicitors and domestic abuse support professionals will guide you every step of the way, from collecting documentation to filing your non-molestation form, attending court, and staying protected afterwards.

Need Help Applying for a Molestation Order? We’re Here for You

If you’re considering applying for a molestation order and don’t know where to start, or if you’re unsure whether you have enough proof, please reach out. At Berkson Family Law Solicitors, we offer free initial consultations to help you understand your options.

Our experienced domestic abuse lawyers are here to listen, advise, and support you through every stage of the process, including helping you gather evidence, prepare your statement, and apply for legal aid if eligible.

If you’re ready to take the first step, or just need someone to talk to, contact us today, your safety and peace of mind are our top priority.