Non-molestation orders: specialist advice questions

A non-molestation order in England and Wales can prohibit specified abusive conduct. The useful question for an adviser is which conduct needs to stop and how the proposed wording would work in daily life. Eligibility and the appropriate application need assessment. ^[1]

Translate the risk into workable terms

Describe unwanted calls, messages through relatives, visits to work or threats involving children separately. A request about direct contact may leave practical uncertainty about school communication or collecting belongings. Identify necessary communication routes so the adviser can consider precise exceptions rather than a vague prohibition.

Bring the wording of any existing bail conditions or order. Explain where those conditions have left a gap, and distinguish a suspected breach from conduct they do not cover.

Ask about notice and implementation

If advance warning could increase the risk, explain why. The adviser can assess whether a without-notice application is justified and what further hearing may follow. Do not assume an urgent application avoids later scrutiny.

Ask how the respondent will be served, how you will receive the sealed order and what information police would need if it is breached. Note its expiry date and the process for seeking an extension. Preserving protection evidence addresses supporting material; child arrangements alongside protection orders explains why children's contact may need a separate decision.

Establish the relationship and the protection required The application route depends on the connection between the applicant and respondent as well as the behaviour described. Give the adviser a clear account of the relationship, any period of living together and the children's position. Do not assume that the form applies to every dispute with a neighbour, colleague or acquaintance. If this particular route is unavailable, the adviser can assess whether another form of protection or a different legal process is relevant to the circumstances.

Identify who needs protection and explain the effect of the conduct on them. Separate incidents directed at you from conduct involving a child or another person. Dates, locations and methods of contact help establish what the proposed terms must address. A request can be difficult to operate if it describes the desired outcome only as being left alone, without explaining the actual routes of intimidation or harassment. The HMCTS injunction guidance sets out the distinct purpose of this order. ^[1]

Explain why the timing of notice matters If telling the respondent about the application could lead to an immediate escalation, describe the facts supporting that concern. Recent threats, attempts to locate you or a stated intention to act before a hearing may require particular attention. Give a balanced account, including existing protections and relevant contact since the last incident. The assessment concerns the circumstances of the application, rather than a general assumption that every protective case must proceed without notice.

Ask what evidence the court needs at the first stage and how a further hearing will be managed if an order is made initially without the respondent attending. Keep track of the next date and any directions to provide or serve documents. Interim protection and the later opportunity to address the allegations are parts of the same process. A temporary order should not be described as a final judicial determination of every disputed event merely because it provides immediate restrictions.

Check whether the wording fits everyday locations Work, school, shared premises and necessary third-party communication can expose gaps in a proposed restriction. Explain the actual layout and the contacts that cannot simply disappear, such as communication through an authorised professional. Ask how any exception can be stated clearly enough for the people involved to understand. A broad exception allowing any discussion about children may need particular scrutiny where that subject has been used repeatedly to initiate unwanted contact.

Read the sealed order itself when it is available, including its duration and any exceptions. Do not rely solely on what was requested in the application or summarised during a call. Tell the adviser promptly if the wording appears inconsistent with another order or leaves an important practical question unanswered. If the family home is the central issue, ask whether occupation provisions need separate consideration. Restrictions on conduct do not, by themselves, determine ownership of the property or settle the financial consequences of separation.

Know what to retain while the order operates Keep a safely accessible copy and the information needed to identify the court and case. Ask how service is being arranged and how you will learn that the relevant steps have been completed. If a possible breach occurs, describe the conduct, timing and particular provision involved when seeking help. Immediate danger requires an emergency response; a question about interpretation may need legal advice. Neither should depend on you delivering papers personally to the respondent.

Before the order expires, review whether protection is still needed and what has changed since it was made. An absence of recent incidents may have several explanations, including the effect of the restrictions themselves. Give the adviser an accurate account rather than assuming either automatic extension or automatic safety at expiry. Ask about the process and timing for any further application. Keep a separate record of child-arrangements and financial proceedings so that progress in those matters is not mistaken for a change to the protective order.