Can the Police Serve a Non-Molestation Order?
A non-molestation order can be applied for by anyone who is experiencing domestic abuse or harassment, whether it be a former spouse or family member. However, a common question often occurs - can the police serve a non-molestation order, and under what circumstances?
To learn more about police involvement and whether or not they can serve a non-molestation order, continue reading.
What is a Non-Molestation Order?
A non-molestation order is a civil injunction that protects victims of domestic abuse from ongoing violence and threats, typically made by an associated person. Under the Family Law Act 1996, victims of domestic abuse have the right to seek a non-molestation order. If the order is granted, it becomes legally binding, and breaching it becomes a criminal offence.
According to Family Court statistics, Q3 2025 (July to September) saw 9,756 domestic violence remedy orders, with about 94% being non-molestation orders.
Who Can Apply for a Non-Molestation Order
A non-molestation order can be applied for by individuals who are victims of domestic abuse or harassment from an associated person, including:
- Current or former spouse
- Current or former civil partner
- Cohabitant or former cohabitant
- Long-term intimate relationship
- Parent of your child/children
- Relative or step-relative
If you're under the age of 16 and want to make a non-molestation application, you must have the court's permission.
Can the Police Serve a Non-Molestation Order?
Police do not personally serve non-molestation orders like other Court documents. Instead, they are typically served by a Court-appointed bailiff, process server, or even your solicitor. The police only become involved once the order is active.
This means that the police don’t serve non-molestation orders directly to your abuser, but do have a duty to ensure they’re aware of the order and understand what will happen if it’s breached within the typical 6 to 12 month timeframe.
How to Apply for a Non-Molestation Order
The non-molestation order process is handled at the Family Court, following a few key steps.
1: Gather Evidence
Gathering proof of domestic abuse, including text, photo, and video evidence, is essential to strengthen your case. Consulting a solicitor is recommended at this time to help ensure that you have enough evidence to use while advising on your next steps.
2: Complete Forms
You must complete form FL401 and a witness statement containing details of your abuse. If you want your details to remain confidential, you must complete form C8 in addition to form FL401. Your solicitor can help you draft these properly.
3: Submit to Family Court
Once your forms are complete, you must submit them to your local Family Court either electronically or in person. If you’re in immediate danger, you can request an emergency order to have your forms reviewed immediately. Expect to hear back in around 24 hours to a few days.
4: Attend Court Hearing
Attend the full hearing where the judge will review your evidence and grant a non-molestation order if necessary. If you requested an emergency order, you can request that the respondent not be present.
However, if granted, you must attend a second hearing 14 days later with them there. Your solicitor will fully represent you and argue your case to help have the order granted.
5: Serve Order
If successful, the non-molestation order will be formally served to your abuser, and the police will receive a copy as breaching is considered a criminal offence.
No court fees apply, but you will have to pay legal fees to hire a solicitor. However, if you're a victim of domestic abuse in England or Wales, you may be eligible for civil legal aid to cover representation costs in Court. To be eligible, you must pass a means test to show your low income or benefits.
What Evidence Do You Need for a Non-Molestation Order?
For the best chance of obtaining a non-molestation order, you must have strong evidence of domestic abuse to prove that you're at risk of harm.
Key evidence to support your case includes:
- Incidents with dates, times, locations, and clear descriptions
- Screenshots of texts or emails, phone calls, and voice notes
- Photo or video evidence of your injuries or damage caused by your abuser
- Witness statements from people who have seen you being a victim of domestic abuse
We understand that revisiting your abuse and gathering evidence can be tough, but the more proof you provide, the stronger your chances of securing the order.
Breaching a Non-Molestation Order
If the respondent breaches their non-molestation order:
- It will be considered a criminal offence
- They may be arrested by the police
- They may be charged, punished with up to 5 years imprisonment, or both
The respondent must never breach the non-molestation order by contacting the applicant, even if they reach out first. If a breach occurs, legal advice will be required.
Contact Our Family Law Team Today
At Bell Lamb & Joynson, we have a team of domestic abuse solicitors to help you get legal protection from the courts. Our team are highly experienced, assisting clients in all areas, including injunctions and non-molestation orders.
We guide you through every step of the process, from gathering evidence to representing your case in Family Court. Our priority is to find the best possible outcome to keep you safe. We'll break down all the available options while offering reliable advice and guidance along the way.
If you require help from our family law solicitors to apply for a non-molestation order, please contact us.
FAQs
Why can’t the police serve a non-molestation order in the UK?
Police in the UK cannot serve a non-molestation order because it is a civil court process under the Family Law Act 1996, not a criminal procedure.
How easy is it to get a non-molestation order?
Getting a non-molestation order is relatively easy, but only if you have clear evidence of abuse, such as photographs or text screenshots, to provide to the Family Court. Without sufficient proof, applications usually fail.
How long does a non-molestation order last?
A non-molestation order typically lasts for 6 to 12 months, although it can be granted for longer and even extended if the risk of abuse remains. Protection ends automatically after this timeframe unless an extension was applied for.
Can you apply for an urgent non-molestation order?
Yes, you can apply for an urgent non-molestation order without notice, sometimes referred to as an ex parte application. We advise that you submit evidence to the Family Court as soon as possible in these cases.
The court must be satisfied that it is just and convenient for the matter to be dealt with without notice. Without-notice applications are now the exception, not the rule, under recent guidance.