Legal issues
In England and Wales, section 42 Family Law Act 1996 governs non-molestation orders. The court considers all the circumstances, including health, safety and wellbeing. Section 45 permits an order without notice where the statutory conditions are met and requires an opportunity for representations at a full hearing as soon as just and convenient. Variation or discharge is a separate court decision.
This guide concerns England and Wales.
For the wider service, see Protective Injunctions. Related decisions are covered in Responding to a Stalking Protection Order and Changing pre-charge bail conditions.
Evidence that matters
Obtain the application, witness statement, exhibits and sealed order. Prepare a dated response to each material allegation, supported by complete communications or other reliable evidence. Identify what is accepted, disputed or outside your knowledge. Avoid lengthy character attacks that do not answer the events relied on.
Reasonable lines of enquiry
Compare the proposed restrictions with existing bail, child-arrangements and other protective orders. If essential child or property arrangements need a permitted route, identify it precisely and ask the court to consider appropriate wording. Do not assume a family arrangement or the applicant’s invitation overrides a prohibition.
What happens next
At a return hearing the court may consider directions, the continuation or alteration of protection and how disputed evidence will be resolved. The first hearing is not necessarily the final contested hearing. Advice may address contesting the application, agreed wording or another lawful resolution, but the consequences must be understood before anything is agreed.
Immediate steps
Keep the order available, diary the hearing and obtain advice before the response deadline. Preserve evidence and avoid direct or indirect contact contrary to the terms, including messages passed through friends. Breach without reasonable excuse can be a criminal offence; a disagreement with the original allegations is not permission to disregard the order.
What should you send us?
Send the sealed order, application bundle, hearing notice, date and method of service, related court or bail orders and the key documents responding to the allegations.