You can challenge a non-molestation order/application made against you if you believe that the application is baseless and not corroborated by any evidence. You can challenge a non-molestation order/application made against you if you think that the non-molestation order or application against you is baseless and not corroborated by any evidence. Our highly skilled divorce and family law solicitors can help you dispute a non-molestation order.
- Page Contents
- Responding to a Non-Molestation Order/Application
- Ask a Question Online
- Return Hearing
- Options Upon Receiving Ex parte Non-Molestation Order
- Steps to be Taken after Receiving an Ex parte Non-Molestation Order
- How Can We Help?
- How Much Do We Charge?
- Frequently Asked Questions (FAQs)
Responding to a Non-Molestation Order/Application
Responding to non-molestation orders or applications requires some careful thought and consideration. It is all too easy for people to become caught up in the case due to the emotional attachment between the parties. Many respondents feel aggrieved when they see that a person (typically an ex-partner) has sought to obtain a court order against them on the basis of what they claim are vicious lies. With that, many people opt to fight against an order simply because they do not want the applicant to ‘win’, or for their own name to be blackened. However, a respondent should always consider what the order will actually achieve.
Ask a Question About Contesting a Non-Molestation Order
If you have been served with a Non-Molestation Order and wish to challenge or contest it, obtaining prompt legal advice is crucial. At Premium Solicitors, our specialist family law solicitors provide clear, strategic, and confidential guidance to help you understand your rights and the best way forward.
Return Hearing After The Ex-Parte Non-Molestation Order
Within 14 days of the ex parte non-molestation order being made against a person, the court will list the matter for hearing, giving the respondent an opportunity to respond to it.
What Options are Available to the Respondent After an ex parte Non-Molestation Order?
The Respondent can either:
- Oppose the order and succeed in proving the applicant wrong; or
- He/she can opt not to oppose the order or agree to give an undertaking (which is a promise to the court not to do things) on the basis that he/she does not accept the allegations that have been made against him/her.
What Steps Should be taken by the Respondent Upon Receipt of an ex parte non-molestation Order?
The steps that the Respondent should take upon receipt of the ex parte non-molestation order (without notice non-molestation order) may include the following:
Getting Early Legal Advice
The respondent must obtain early legal advice. Many respondents will tend to attend the hearing, only to request an adjournment to seek legal advice and representation from a family law solicitor. At that point, the case will typically have at least three hearings before any real progress is made. Due to legal aid no longer being available to respondents in non-molestation order proceedings, it is a worthwhile investment to obtain legal advice from a specialist divorce and family law solicitor, even if that is limited to a conference to determine the approach to take at a forthcoming hearing.
Our family law solicitors can offer invaluable guidance to respondents to non-molestation orders on how to respond to a non-molestation order or application. As a result, the respondent will gain a solid understanding of the law, as well as insight into the particular practices of that court.
Gathering Your Evidence
If the respondent wants to contest or oppose the domestic violence allegation made in the application or ex parte non-molestation order, he/she should gather their evidence for rebuttal of the allegation of domestic violence. The respondent should give careful consideration to the evidence that he/she need to help support their case. Typically, the applicant will provide their statement and may also have witnesses, as well as medical and police evidence. It is therefore essential to examine what the respondent has to offer in rebuttal to the applicant's allegations. The family court approaches these cases on the understanding that it is for the applicant to prove his/her case on the balance of probabilities (i.e. 51%) – if you are unable to get any independent evidence to support your case, it is likely that this will make it all the more difficult to oppose the non-molestation order application successfully.
If the respondent intends to oppose or contest the non-molestation order or application, our family law solicitors will be able to advise the respondent on the relevant evidence which should be put together in order to rebut the allegations of domestic violence made by the applicant. Our family law solicitors will also advise on all the relevant court procedures and any precautionary measures which the respondent should take.
Adhering to the Terms of the Order
The respondent should remember to adhere to the terms of the non-molestation order made against them. Before the family court hears your initial position and possibly even after the initial position if the case is being listed to entertain a fully contested hearing, then the order will usually remain in place. This will specify terms, typically that you must not contact the applicant/attend at his/her house, etc. It is vital that these terms are adhered to for the life of the order, firstly because it will make an incredibly poor impression on the court if not, but also because breach of an order is a criminal offence and one could therefore find himself/herself arrested/with a conviction simply for ignoring the order. Courts take these matters very seriously; regardless of whether the order is justified, it must be adhered to while it remains in effect.
How Can We Help?
Our specialist team of divorce and family law solicitors can provide expert legal advice and representation for contesting a non-molestation order or application. The work to be carried out by our divorce and family law solicitors concerning your application to challenge a non-molestation order may entail the following:
- Taking detailed information from you relating to allegations of domestic violence and discussing the same with you in detail to understand your version of the story;
- Advising you on the relevant documentary evidence which you may be able to provide for the rebuttal of the allegations of domestic violence;
- assessing the relevant documents to be submitted in support of the rebuttal of allegations of domestic violence;
- providing you with legal advice on the weaknesses and strengths of your matter and advising you on how to best proceed with the case in your given circumstances;
- advising you on the court procedures to be followed in relation to court proceedings for disputing a non-molestation order;
- advising you on the possibility of making a cross-application against the petitioner on the basis of any incidents of domestic violence which you, as a respondent, suffered at the hands of the petitioner;
- advising you on giving an undertaking to the court to dispose of the proceedings at the return hearing date and discussing with you the possibility of the undertaking being accepted by the petitioner and the family court;
- advising you on the implications of giving an undertaking and breaching the undertaking;
- advising you on the consequences of a non-molestation order and breaching the non-molestation order;
- preparing your position statement and submitting the same to the family court along with appropriate evidence;
- complying with all the court directions as set out in the court order;
- representing you in your family court hearing and proceeding with the matter as per the agreed plan of action agreed in advance.
How Much Do We Charge?
Our fixed fees for contesting a non-molestation order and/or occupation order are as given in the fee table below:
| Matter Type | Fixed Fee Range |
|
First Hearing to oppose an application for a non-molestation order made with notice to the Respondent to cover all the work until the First Hearing, including representations to the court on the hearing date. |
From £1,500 + VAT to £2,000 + VAT |
| Return Date Hearing to contest the non-molestation order made without notice to the Respondent to cover all the work until the Return Date Hearing. | From £1,000 + VAT to £2,000 + VAT |
| From Return Date / First Hearing to the Final Hearing, including any fact-finding hearing(s). | From £3000 + VAT to £6,000 + VAT |
- We will provide a fixed fee for your matter once we have fully assessed it and considered all relevant factors.
- Our fixed fees do not cover any third-party fees, including court fees, Barrister's fees and any other fees payable to third parties.
- If you do not want to instruct us on a fixed fee basis, we can also act for you on an hourly rate basis with an hourly rate of £200 + VAT per hour.
FAQs - Challenging Non-Molestation Order
The following are various frequently asked questions about challenging a non-molestation order:
A Non-Molestation Order is a type of injunction issued under the Family Law Act 1996 to protect a person from harassment, threats, violence, or intimidation by someone they are personally connected to, such as a spouse, partner, or family member.
Yes, you have the legal right to contest a Non-Molestation Order if you believe the allegations are false, exaggerated, or unjustified. You can challenge the order at a court hearing by presenting evidence and legal arguments in your defence.
In many cases, a Non-Molestation Order is initially granted “without notice” (ex parte), meaning you were not present at the first hearing. However, the court will list a return hearing, where you can attend and formally contest the order.
To successfully contest a Non-Molestation Order, you should:
- Seek specialist legal advice immediately
- Prepare a detailed witness statement responding to each allegation
- Provide supporting evidence (messages, emails, call logs, photos, CCTV, etc.)
- Identify inconsistencies in the applicant’s claims
- Attend the court hearing and comply with all directions
A strong legal defence can significantly improve your chances of having the order dismissed.
The court will consider all relevant evidence, including:
- Text messages, emails, and social media communications
- Call records and location data
- Witness statements from third parties
- Police reports (if any)
- Any previous history between the parties
The burden is on the applicant, but a well-prepared defence is crucial.
The court applies the civil standard of proof, meaning decisions are based on the balance of probabilities (i.e., more likely than not), rather than “beyond a reasonable doubt.”
In certain circumstances, particularly where there are allegations of domestic abuse, the court may restrict direct cross-examination. Instead, the court may appoint a legal representative to conduct questioning on your behalf to ensure fairness.
At the return hearing:
- The court reviews both parties’ evidence
- You can present your defence
- The judge may decide the case immediately or list it for a final contested hearing
The court will then decide whether to discharge, vary, or continue the order.
Yes, if the court finds insufficient evidence or believes the order is unnecessary, it can:
- Dismiss the application entirely
- Discharge an existing order
- Refuse to extend the order
Breaching a Non-Molestation Order is a criminal offence and can lead to:
- Arrest and prosecution
- Imprisonment (up to 5 years)
- Fines or other penalties
You must comply with the order at all times, even if you are contesting it.
Yes, you can apply to the court to:
- Vary the terms of the order (e.g., adjust restrictions)
- Discharge the order if circumstances have changed
Legal advice is strongly recommended before making such applications.
The timeframe varies depending on the case's complexity. Initial hearings may occur within days or weeks, while a fully contested final hearing may take several weeks or months.
If you are subject to UK immigration control, allegations of domestic abuse and court orders can potentially impact your immigration status. It is essential to seek advice from specialist immigration and family law solicitors to protect your position.
You can challenge a non-molestation order/application made against you if you believe that the non-molestation order or application against you is baseless and not corroborated by any evidence.
A respondent can apply for discharge of the non-molestation order; this is a way to seek its removal. The application is made under Section 49(1) of the Family Law Act 1996, using the application form FL403.
Section 49 of the Act provides as follows:
"49Variation and discharge of orders.
(1)An occupation order or non-molestation order may be varied or discharged by the court on an application by—
(a)the respondent, or
(b)the person on whose application the order was made.
(2)In the case of a non-molestation order made by virtue of section 42(2)(b), the order may be varied or discharged by the court even though no such application has been made."
There is no court fee to contest the non-molestation order. The overall fee charged by the solicitors for contesting a non-molestation order depends on when the proceedings to challenge it conclude.
You can schedule an appointment for detailed advice and consultation to challenge a non-molestation order for just £100 (VAT included) during our office hours.
Our fixed-fee non-molestation solicitors in London can act for various stages of contesting a non-molestation order or application on a fixed-fee basis. The fixed fee will depend on the volume of work involved in the case and the complexity of the matter. Please be advised that our fixed fees do not cover the Barrister's fees.
If you instruct us on an hourly basis, our hourly rate for providing legal assistance with contesting a non-molestation order will be £200 + VAT per hour.
You can apply to change or set aside a non-molestation order by filing an application with the family court using the FL403 form. Our specialist team of non-molestation solicitors can provide the legal help and support needed to change or set aside a non-molestation order.
Yes, you can apply for a cross-application for a non-molestation order after receiving an ex parte (without notice) non-molestation order against you. Such an application should ideally be made before the first hearing date.
As a result of cross-application by the Respondent against the petitioner, both parties may give an undertaking not to harm or harass each other by providing an undertaking or promise to the court. Such an undertaking or promise by each party is referred to as a cross-undertaking.
While you can represent yourself, it is highly advisable to instruct experienced family law solicitors. A solicitor can:
- Prepare your defence strategy
- Draft legal documents and witness statements
- Represent you at court hearings
- Maximise your chances of a successful outcome
At Premium Solicitors, our experienced divorce and family law solicitors can:
- Provide a fixed-fee consultation
- Assess the merits of your case
- Prepare robust legal representations
- Represent you at all court hearings
We offer fast, professional, and confidential legal support tailored to your circumstances.
Yes, Non-Molestation Order cases are often urgent. Premium Solicitors offer rapid response legal services, including emergency consultations and representation at short notice.
If you need expert legal advice on contesting a Non-Molestation Order in England and Wales, contact Premium Solicitors today for a confidential consultation and tailored legal strategy.