Responding to a Non-Molestation Order Made Against You?
If you have just been handed a non-molestation order, you are probably reading this having been given no warning at all. You may have been excluded from your own home, leaving you without access to your belongings. Serious allegations may have been made against you and, so far, nobody may have asked for your side of the story.
Nothing has been decided. The court has heard from one person. It has made no findings about whether any of it is true. You have a hearing coming, and at that hearing you get to respond.
We act for respondents to non-molestation orders across Northwich, Winsford, Middlewich, Chester, Warrington, Crewe and the rest of Cheshire. We are a private firm, and we do not require you to qualify for legal aid.
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Tel: 01606 811700
What to do in the next 48 hours: Advice on Defending a Non Molestation Order
Do not contact the applicant. Avoid any attempt to explain or apologise, whether directly or through a friend or family member. Indirect contact can still count as a breach and is one of the most common ways respondents risk damaging their own case.
Do not go to the property the order excludes you from, even to collect essentials.
Find the return date. It is printed on the order. Put it in your diary now.
Do not send back Form FL435 without advice. It arrived with the order. Which box you tick decides the direction of your entire case. And it must reach the court at least five working days before the hearing.
Get advice quickly. If the order is causing you real hardship, you do not have to wait for the return date to challenge it.
Breach of a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996. Carrying up to five years’ imprisonment. The police can arrest you without a warrant. However unjust the order feels, it stands until a court changes it.
Understanding What Has Happened
The non molestation order application was made without you there
Most non molestation orders are made ex parte – the legal term is “without notice.” The court read the applicant’s written statement, heard from the applicant alone, and made the order before you knew the application existed.
This is not the court deciding you are guilty. It is the court taking a precaution on one side’s account.
This should be clearly stated on the order itself. Under the President of the Family Division’s Guidance in force from 12 January 2026, an order made without notice must state clearly that it was made in your absence, that the court considered only the applicant’s evidence, and that the court has made no finding of fact.
Read your order – that wording will be in it.
Without notice orders are meant to be the exception
The test is set out in section 45 of the Family Law Act 1996. This states that the court has to weigh the risk of harm if it does not act immediately against the interference with your rights. And the High Court has held that orders should only be made without notice in exceptional circumstances.
The 2026 Guidance puts it plainly: without notice orders are the exception, not the rule, though “exceptional” is not the same as “rare.”
It goes further on the point that will matter most to you if you have been shut out of your home. An order made without notice should not have the effect of barring a respondent from their home, their workplace or another necessary location without very careful consideration and specific evidence justifying it. An order doing that is to be regarded as exceptional.
If your order does that and the evidence behind it is thin, that is a point to be argued.
You do not have to wait for the return date
A non molestation order made without notice must contain a statement of your right to apply to set it aside or vary it. The 2026 Guidance is explicit that the phrase “liberty to apply” is not good enough. The order must spell out that you can apply without waiting for the return day. If you do apply, the court must list it as a matter of urgency, within days.
There is no court fee for a respondent’s first application to vary or discharge an order.
The Return Hearing
Having made an order in your absence, the court must fix a return date and specify it in the order. Under the 2026 Guidance, that hearing should be listed within 28 days.
This is your hearing. And your opportunity to be heard.
Form FL435 – read this before you tick anything
Form FL435 is new, introduced in January 2026. It is served with the order and must reach the court at least five working days before the hearing. Here, it asks you to choose one of three positions:
Box 1.1 — you agree with the applicant’s statement and agree to the order continuing.
Box 1.2 — you do not agree with the applicant’s statement, but you do not object to the order continuing. This is recorded as a “no admissions” order.
Box 1.3 — you dispute the application, or want the terms changed, and you want a contested hearing so you can challenge the applicant’s evidence and put your own before the court.
If you tick 1.1 or 1.2, your case can be dealt with without you attending court. If you tick 1.3, you must attend — if you do not, the court may treat you as not contesting and could decide you did what is alleged.
Three boxes, and they lead to three very different places. This is not a form to fill in at the kitchen table at midnight.
Three Possible Outcomes of a Non-Molestation Order Return Hearing
Which route is right depends on the seriousness of what is alleged, how strong the evidence is, and what else is running. Particularly any proceedings about your children.
Offering undertakings:
An undertaking is a formal promise to the court, in similar terms to the order, given without any admission that you have done anything wrong. It is not a finding against you.
Breach of an undertaking is contempt of court, punishable by fine or imprisonment. But it is not a criminal offence, and it does not carry a police power of arrest. That difference matters a great deal later on.
Undertakings are commonly the right answer in cases at the lower end of severity. And they usually end the proceedings at the first hearing.
There is a limit. Under section 46(3A) of the Family Law Act 1996, the court cannot accept an undertaking where it appears that violence has been used or threatened against the applicant or a child, and an order is necessary so that any breach is punishable as a criminal offence. Where that applies, undertakings are simply not available, however much both parties want them.
Where the court will accept undertakings, they are usually the best outcome available to a respondent. We will always test that route first if it is realistically open.
2. Agreeing to an order with no findings of fact
Where the allegations are more serious, or the court will not accept undertakings, it is often possible to agree that the order continues with no findings of fact being made. This is box 1.2 on Form FL435, and the 2026 Guidance confirms that where the court takes this course, the order must record that no findings of fact have been made.
You accept the order. You do not accept that you did anything wrong.
The advantages are real:
It avoids a contested final hearing
It avoids the costs and delay that go with one
It avoids the risk of adverse findings that could follow you into children proceedings for years
The drawback you need to understand before agreeing:
Breach of a non-molestation order is a criminal offence, arrestable without a warrant, carrying up to five years. That applies whether or not any findings were made against you. Since 2007 there has been no need for a power of arrest to be attached to a non-molestation order — the criminal offence does that work automatically. (Powers of arrest now attach only to occupation orders.)
More practically: a judge reading the order will see immediately that nothing was found against you. Other agencies do not always read it that way. Social services and, at times, the police can fall into the trap of treating the existence of a non-molestation order as though wrongdoing has been established, when the face of the order says the exact opposite.
That is the honest trade-off, and it is why we push for undertakings where we can.
3. Contesting the application and seeking a fact-finding hearing
Sometimes an application is not true.
It may be tactical — made to gain ground in a dispute about children or about the family home. Occasionally it is simply fabricated. Where that is the position, a full fact-finding hearing may be the right course. Both sides give evidence, the applicant’s account is tested under cross-examination, and the judge makes findings.
It is longer and more expensive than the alternatives, and it is not right in every case. But where your relationship with your children, your reputation or your career genuinely turns on it, it can be the only route that resolves matters properly.
If there are Children Act proceedings running alongside, this becomes more important still. The 2026 Guidance directs courts to bring the two sets of proceedings together at an early case management hearing, to avoid duplicating fact-finding, and to disclose findings from one into the other. What happens in your Family Law Act case will shape the children’s case. Decisions taken at the return hearing are rarely as contained as they appear.
Getting back into your home and recovering your belongings
When it comes to a non molestation order, two questions come up more than any others, and both have practical answers.
Your home. If the application can properly be defended, we can ask the court to permit your return. More commonly, we seek permission for a short, defined period of re-entry so that you can collect your belongings – supervised or at an agreed time, and recorded on the face of the order so there is no risk of you being accused of a breach. If you have a legal or beneficial interest in the property, a separate application may be available to regulate who lives there.
Your belongings. The usual route is a single authorised collection visit at a fixed date and time, often with a third party present and the applicant absent. Alternatively, you can arrange through solicitors for your possessions to be packed and collected from a neutral location.
Either way: agreed or ordered in advance, and in writing. Never turn up and hope.
Is the Non Molestation Order Too Widely Drawn?
A Non-molestation order should be protective, proportionate, understandable to both parties, and readily capable of enforcement. Since January 2026, there is real judicial appetite for narrowing orders that are not.
Points that can be argued:
Terms forbidding “harassment,” “pestering” or “molestation” are discouraged in the 2026 Guidance as poorly understood and not easily enforceable
It is unlikely to be appropriate to bar all communication where the parties have children or are engaged in other family proceedings
An order must not prevent you from serving evidence in response to the application
Exclusion zones should name specific roads or a clearly defined area, not vague formulations like “100 metres from the applicant’s home”
An order can be varied as well as discharged. If the terms are making it impossible for you to see your children or do your job, that is worth challenging even where you are not contesting the order in principle.
What a Non Molestation Order Means for your Job, Children and DBS Checks
Your children. A non-molestation order does not, by itself, stop you from seeing your children. Orders should be proportionate, and it is unlikely to be appropriate to bar all communication where there are children. But an order left unchallenged can influence a later children case, particularly if allegations are repeated there. Deal with both together.
DBS checks. A non-molestation order is a civil order, not a criminal conviction. It will not appear on a basic or standard DBS check. It could in principle be disclosed on an enhanced check as other relevant police information, at the chief officer’s discretion, though this is uncommon. A conviction for breach is a criminal conviction and would appear.
Your job. Most employers will never know an order exists unless you tell them or you are arrested. Some regulated professions carry self-reporting duties. If you work in a regulated field, raise it with us at the first meeting.
What Happens if a Non Molestation Order is Breached?
Breach without reasonable excuse is a criminal offence under section 42A. It is triable either way, carrying up to five years on indictment. The police can arrest without a warrant.
“Reasonable excuse” is a real defence but a narrow one, and it is not a safety net. Nor is it a defence that the applicant contacted you first, or invited you round, or that you were replying to them — respondents are prosecuted on exactly those facts with grim regularity. If the applicant makes contact, do not respond. Record it and tell your solicitor.
A person convicted of breach cannot then be punished for contempt for the same conduct, and vice versa.
Legal Aid and Costs
Legal aid is not generally available to respondents. It is available to applicants for protective orders, where the Legal Aid Agency waives the upper eligibility limits — though a contribution may still be payable. That provision does not extend to the person defending.
We are not a legal aid provider. We act for respondents privately, which means we are not restricted by legal aid scope or eligibility, and we can act immediately rather than waiting on a funding decision.
Costs depend on which of the three routes your case takes. A matter resolved by undertakings at the return hearing costs a fraction of one that runs to a contested fact-finding hearing. We will give you a clear estimate before you commit, and update it if the case changes direction.
How we act for respondents
At Gavin Edmondson Solicitors, we will:
Read the order and the applicant’s statement properly, and tell you frankly where you stand
Advise you on which of the three routes fits your case — not the one that generates the most fees
Complete Form FL435 correctly and in time
Apply to vary or set aside the order urgently where it is causing real hardship
Represent you at the return hearing
Negotiate undertakings where the court can accept them
Prepare and conduct a fact-finding hearing where the allegations need to be met head-on
Keep one eye on any children proceedings throughout, because the two cases affect each other
We know these situations are frightening and often humiliating. And that being on this side of the application carries a stigma that has nothing to do with whether anything has been proved. Which is why we deal with respondents’ cases without judgement and in confidence.
If you are seeking protection rather than defending
If you are the person who needs an order, legal aid is likely to be available to you and the upper eligibility limits are waived for protective order applications. We are not a legal aid provider. You can find a firm that is through the Legal Aid Agency’s find-a-solicitor service, through FLOWS (Finding Legal Options for Women Survivors), or via Civil Legal Advice on 0345 345 4 345.
If you would prefer to instruct us privately for a non molestation order, or you are not eligible, we are happy to act.
Frequently asked questions about Non Molestation Orders
What should I do if a non-molestation order has been made against me?
Do not contact the applicant in any way, including through third parties. Do not attend any property that the order excludes you from. Find the return date on the order. Do not return Form FL435 until you have taken advice. Then get advice quickly — if the order is causing serious hardship, you can apply to vary or set it aside without waiting for the return hearing.
Can I defend a non-molestation order?
Yes. An order made without notice is made on one side’s evidence only, and the court makes no findings of fact at that stage. At the return hearing, you can agree to the order continuing, offer undertakings, or contest the application and ask the court to hold a fact-finding hearing. Which is right depends on the allegations, the evidence and what else is happening in your case.
What is a return hearing?
The return hearing, or return date, is the hearing at which you get to have your say. Where an order has been made without notice, the court must fix a return date and specify it in the order — under the guidance in force from 12 January 2026, it should be listed within 28 days. You do not have to wait for it if the order is causing serious difficulty; you can apply to set aside or vary it immediately, and the court must list that urgently.
What is Form FL435?
Form FL435 is the respondent’s response form, introduced in January 2026 and served with the order. It must reach the court at least five working days before the hearing. It asks you to indicate whether you agree with the applicant’s statement and the order continuing; whether you do not agree with the statement but do not oppose the order continuing on a no-admissions basis; or whether you dispute the application and want a contested hearing. Which box you tick shapes your whole case, so take advice before returning it.
What does "no findings of fact" mean?
It means the court has not decided whether the allegations against you are true. Where an order is made without notice, no findings have been made — and the order must say so on its face. At the return hearing, you can agree to the order continuing on that same basis, which is recorded on the order. You accept the order; you do not accept that you have done anything wrong.
What are undertakings?
An undertaking is a formal promise to the court, usually in similar terms to the order, given without any admission of wrongdoing. It is enforceable as if it were an order, and breach is contempt of court — but not a criminal offence, and it carries no police power of arrest. Undertakings are commonly appropriate in less serious cases. The court cannot accept an undertaking where it appears that violence has been used or threatened and an order is necessary, so any breach is punishable under section 42A.
How do I get back into my house?
If the application can be properly defended, we can ask the court to allow you to return. More commonly, we seek the court’s permission for a short, defined period of re-entry so you can collect your belongings — supervised or at an agreed time- and set out on the face of the order so there is no risk of you being accused of a breach. If you have an interest in the property, a separate application may be available to regulate who lives there. Do not return until the court has permitted it.
How do I get my belongings back?
Do not attend the property unless the order permits it or the court has given permission. The usual approach is a single authorised collection visit at a fixed date and time, often with a third party present. Alternatively, arrangements can be made through solicitors for your belongings to be packed and collected from a neutral location. Either route works — what matters is that it is agreed or ordered in advance and recorded in writing.
Can I get legal aid?
If you are applying for a non-molestation order, legal aid is generally available, and the upper eligibility limits are waived, though a contribution may be payable. We do not offer that service — we are not a legal aid provider, and you would need a firm holding a legal aid contract.
If you are defending a non-molestation order, legal aid is not generally available to respondents. If you cannot obtain legal aid, we provide a private service and can act for you on that basis.
How long does a non-molestation order last?
Normally around twelve months. Under the guidance in force from 12 January 2026, an order must have a fixed end date shown clearly on its face — six or twelve months are the usual periods, though the length is a matter for the judge. An order can be extended if an application is made before it expires, and it can be varied or discharged during its term.
How much does it cost to defend a non-molestation order?
It depends on which route your case takes. A matter resolved by undertakings at the return hearing costs a fraction of one that runs to a contested fact-finding hearing. There is no court fee for a respondent’s first application to vary or discharge an order. We will give you a clear costs estimate before you commit and update it if the case changes direction.
Does a non-molestation order show on a DBS check?
A non-molestation order is a civil order, not a criminal conviction. It will not appear on a basic or standard DBS check. It could, in principle, be disclosed on an enhanced check as other relevant police information at the chief officer’s discretion, though this is uncommon. A conviction for breaching an order is a criminal conviction and would appear.
Can I still see my children?
A non-molestation order does not by itself prevent you from seeing your children, and orders are supposed to be proportionate — it is unlikely to be appropriate to bar all communication where there are children. But an order left unchallenged can influence a later children case. Where Family Law Act and Children Act proceedings run alongside each other, the court should bring them together at an early case management hearing and avoid duplicating fact-finding, so the two need to be handled as one strategy.
What happens if I breach a non-molestation order?
Breach without reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996, triable either way and carrying up to five years’ imprisonment. The police can arrest without a warrant. It is not a defence that the applicant contacted you first or invited you — respondents are prosecuted on those facts regularly. If the applicant makes contact, do not respond; record it and tell your solicitor.
Are non-molestation orders the same as restraining orders?
No. A non-molestation order is a civil order made in the family court under the Family Law Act 1996, usually on the application of the person seeking protection. A restraining order is made by a criminal court, most often following a prosecution, and can be imposed even after an acquittal. The two have similar practical effects but come from entirely different processes.
Contact Gavin Edmondson Solicitor
If you are looking for legal advice or support on defending a non-molestation order, contact our team to arrange a consultation with one of our knowledgeable solicitors.
At Gavin Edmondson Solicitor, we provide clear, practical guidance on all aspects of non-molestation orders.
To speak with a qualified solicitor today, contact Gavin Edmondson Solicitor.
Tel: 01606 811700
Email: info@gesols.co.uk
Areas we Cover for Defending a Non-Molestation Order
For defending a non-molestation order, we cover: Northwich, Cheshire, Warrington, Chester, Crewe, Runcorn, Macclesfield, Winsford, Wilmslow, Knutsford, Nantwich, and Alderley Edge.