The basics, without the panic
A non-molestation order is a civil protection order under s.42 Family Law Act 1996. It forbids the respondent (often you) from doing specific things — contacting the applicant, attending their home or workplace, and similar acts listed on the order. There is no court fee to apply, which is why applications are common. Courts routinely make orders without notice ("ex-parte") when an applicant says notice would let danger occur — meaning you may first learn of the order when it is served with a police officer present. That is frightening and normal; it is not a finding against you.
A non-molestation order is not a criminal conviction and does not mean the court has decided the allegations are true. It is a protective measure made on one side's evidence, pending a fuller hearing. What you do next — especially what you don't do — shapes the outcome.
Served? Do this now
- Read the order top to bottom, twice Note exactly what is prohibited, the duration, and whether a power of arrest is attached. You must comply with the letter of it, even if you believe the allegations are false. One breach — even a reply text — is contempt of court.
- Tell your side without contact Do NOT message, call, or send messages through friends or family if contact is prohibited. Anything you send can be exhibited in a future hearing. If you need to communicate (e.g. about children), use the channel the order allows — often a parenting app or solicitor — or wait for the return hearing to ask the court to permit one.
- Diarise the return hearing Without-notice orders get a return hearing quickly (often days to weeks). That is your chance to respond. Prepare with the defence guide: undertaking vs contest.
- Preserve your evidence Export the messages, call logs and photos that matter now, while your access is intact. Do not delete anything. How to structure an evidence log.
- Get free help early Support Through Court helps litigants in person at many venues, and Men's Advice Line supports male victims of abuse — relevant if you are also experiencing abuse and need to tell the court about it.
What about the children?
The order protects the applicant; it does not usually itself decide child contact. But conditions banning contact with the applicant can make handovers impossible. If you have no child arrangements order, you may need to start C100 proceedings (or ask the family court hearing the FL401 to deal with contact alongside). Propose a NACCC contact centre as a neutral, supervised venue — it answers safety objections directly and shows the court you are being constructive.
Device safety. If someone monitors your devices, consider using a safer device (library, work, a friend's phone) before reading pages about abuse or injunctions.
Questions people ask at Bristol
Will this order appear on a DBS check?
A non-molestation order is a civil order, not a criminal conviction. Basic DBS checks show convictions and conditional cautions, not civil orders. For enhanced checks, police can disclose relevant information at the chief officer's discretion — one more reason to resolve the order at the return hearing rather than let it stand unaddressed.
What happens if I breach the order?
Breach of a non-molestation order is a criminal offence in defined circumstances and/or contempt of court — it can mean arrest, fines or imprisonment. Never test the boundaries: if you are unsure whether something is allowed, assume it is not and take advice.
How long does the order last?
The order states its own duration — often 6 or 12 months — and can be extended. An undertaking usually stands "until further order". The return hearing is where duration gets tested.
Can I propose an undertaking instead of a hearing?
Often, yes — an undertaking is a formal promise to the court with no admission of liability and no findings. Whether it is wise depends on what the allegations are being used for elsewhere (especially the children case). Work through the decision matrix first.
Before your hearing
Turning scattered messages, notes and dates into evidence takes structure. organise the messages and dates you may need for the return hearing — EvidenceCanvas is a guided toolkit that helps you draft a child-focused witness statement, answer a Scott Schedule point by point, and assemble a paginated court bundle. It is not a law firm and does not give legal advice.