Non-molestation orders

A non-molestation order prevents someone from using or threatening violence against you or your children, or from harassing, intimidating or pestering you. It can also stop them contacting you directly or indirectly, including through social media or other people, and from coming within a set distance of your home or workplace. Breaching the order is a criminal offence.

Non-molestation orders at a glance

  • A non-molestation order protects you and your children from violence, threats, harassment and unwanted contact.
  • You can apply against a spouse, partner, former partner, someone you have lived with, or a relative.
  • In urgent cases, an order can be made the same day, without the other person being told first.
  • Breaching the order is a criminal offence.
  • If an order has been made against you, take advice straight away.


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Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.

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Who can apply

You can apply for an order against someone you are “associated” with. This includes a spouse, civil partner or former partner, someone you have lived with, someone you have been in an intimate relationship with, or a relative.

Urgent and without-notice applications

Where you need protection quickly, an application can be made urgently and without notice to the other person, often on the same day. If the court makes an order, it will usually fix a further hearing shortly afterwards, so the other person can respond. We prepare your statement and application, and represent you at both hearings.

Responding to a non-molestation order

If an order has been made against you, it’s important to take advice straight away, as breaching it, even unintentionally, is a criminal offence. We explain exactly what the order prevents you from doing, and advise on whether to contest it at the return hearing or offer an undertaking instead. Where there are arrangements for children, we also advise on how the order affects them.

Our Team

Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.

Amie Pine

Partner - Divorce & Family

Emma Shortland

Associate

Ella Perry

Assistant Solicitor

Samantha Patel

Legal Support Assistant

Reviews and testimonials

Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead

The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.

Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!

I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.

From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.

Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.

Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.

Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.

Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.

She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.

Nicola and the team are the best support you could ask for at the most difficult of times.

As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.

I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.

FAQs

How do I get a non-molestation order?

You apply to the family court on form FL401 with a statement explaining what has happened, and there’s no court fee. In urgent cases, the court can make the order the same day.

What happens if someone breaks a non-molestation order?

Breaking the order is a criminal offence, and the person can be arrested. They can face up to five years in prison.

Can I make my partner leave the family home?

Yes. The court can make an occupation order requiring them to leave or stay away from the home, after weighing the risk of harm, each person’s housing needs and the children’s welfare. These orders are only made where they’re needed, because they’re a serious step.

Can I get a protective order urgently, without telling the other person?

Yes. Where waiting could put you or your children at risk, the court can make an order without notice to the other person, often on the same day you apply. The court considers factors such as the risk of significant harm if an order isn’t made immediately, and whether telling the other person first could deter you from going ahead. If an order is made, the court will usually set a further hearing shortly afterwards, so the other person has a chance to respond.

How we work

An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.

Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.

A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.

Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.

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