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Insight > Divorce and family FAQs > What is a non-molestation order?
What is a non-molestation order?
A non-molestation order is made by the family court to prohibit a person from "molesting" another.
The victim and alleged perpetrator must be "associated" (for example, by living together, being married or in civil partnership or having been in an intimate personal relationship together for a significant duration).
"Molestation" is intended to prohibit behaviour which is abusive such as, for example, using or threatening violence, intimidation, harassment or pestering. It can restrict telephone, text, email or other communications and can also order the perpetrator to stay away from a property and the area surrounding it.
In deciding whether to make a non-molestation order, the family court will consider all the circumstances, including the need to secure the health, safety and wellbeing of the applicant and/or a child; and it will need to be satisfied that judicial intervention is required to control the molesting behaviour.
Breach of a non-molestation order is a criminal offence, which means that the police are able to intervene to stop a breach and/or are able to prosecute if it is breached. If the Crown Prosecution Service decides not to prosecute, the victim can apply to the family court or an order that the perpetrator be committed to prison.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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