How do I get a non-molestation order?

A non-molestation order is an injunction prohibiting the respondent from using or threatening violence, intimidating, harassing or pestering you, contacting you directly or indirectly, or getting others to do so on their behalf. Breach is a criminal offence carrying up to five years' imprisonment, and the police can arrest without a warrant.

What you need to show

You do not need to have been physically assaulted. The Domestic Abuse Act 2021 defines abuse to include controlling or coercive behaviour, economic abuse, and psychological or emotional abuse between people aged 16 or over who are personally connected. Courts regularly make orders on the basis of harassment, stalking and persistent coercive control alone.

For an emergency application without notice, you must persuade the court there is a real and immediate risk of significant harm and that giving notice would be inappropriate. You will need a witness statement setting out what has happened and why you are frightened. Corroboration — messages, photographs, medical records, police logs, a letter from a GP or domestic abuse worker — helps but is not always essential at that stage. The respondent is served afterwards and can apply to vary or set the order aside at a return hearing.

Related orders and immediate help

• Occupation orders regulate who lives in the family home and can exclude the respondent even if they own it outright. They are harder to obtain: the court applies a balance of harm test, and where a child would be at risk without the order it must normally be made.
• Domestic Violence Protection Notices can be issued by a senior police officer immediately after an incident, lasting up to 48 hours, without your consent. Police must then apply to the magistrates' court for a DVPO lasting 14 to 28 days — a breathing space in which to get advice and apply for longer-term protection.
• Domestic Abuse Protection Orders, introduced under the 2021 Act, combine features of the existing orders and can impose positive requirements on a perpetrator.
• Clare's Law lets you ask police about a partner's history of abuse, and lets police tell you proactively where they believe you are at risk.

Legal aid for domestic abuse cases is not means-tested in the same way as other family work: you need evidence of abuse, such as a letter from a health professional, social worker or support organisation, or a police record. A solicitor can obtain an emergency order the same day. In immediate danger call 999 — or if you cannot speak, call and press 55. The National Domestic Abuse Helpline is 0808 2000 247, the Men's Advice Line 0808 801 0327, and Galop 0800 999 5428.