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Family & Protective Matters | England & Wales

Responding to a non-molestation order

What to do after receiving a non-molestation order: understand the restrictions, prepare for the hearing and respond through the court.

KEY ANSWER

The position in brief

Read and comply with a non-molestation order while it remains in force, even if you dispute the allegations. Identify the hearing date, prohibited conduct and any evidence deadline. An order made without notice can be challenged through the court process; contacting the applicant to argue about it may create a separate problem.

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.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can analyse the application, prepare a focused statement and identify practical terms for the court to consider. If a criminal investigation runs alongside the family proceedings, the response should be coordinated with advice on that investigation and any applicable disclosure obligations.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Does a without-notice order mean the allegations have been finally proved?

Not necessarily. An urgent order may be made before the respondent has been heard. Use the court process to respond; continue to comply in the meantime.

Can the applicant cancel it by text?

A private message does not discharge the court order. Obtain a formal change through the appropriate process.

Can I apply to vary or discharge it?

Section 49 provides for applications to vary or discharge. The grounds, evidence and effect of the existing order should be reviewed before applying.

NEXT STEP

Respond to a non-molestation order

Tell us the next deadline and the documents you have received. Call 0843 636 7687 or email [email protected] to discuss the appropriate next step.

Respond to a non-molestation order