Non-Molestation Orders
A Non-Molestation Order is a type of court order issued under the Family Law Act 1996 to protect someone from harassment, threats, or abuse—usually by a current or former partner or family member.
It is commonly referred to as a “Non-Mol” order and is designed to protect victims of domestic abuse, including emotional, physical, or psychological harm.
What Does a Non-Molestation Order Do?
It can legally prevent the respondent (the person the order is made against) from:
Using or threatening violence
Harassing, intimidating, or pestering the applicant
Contacting the applicant directly or indirectly
Coming near the applicant’s home, workplace, or child’s school
Breaching a Non-Molestation Order is a criminal offence and can lead to arrest, a fine, or imprisonment.
When Are Non-Molestation Orders Used?
A Non-Mol Order is typically sought when:
There has been domestic abuse (physical, emotional, verbal, financial, or coercive control)
The applicant feels unsafe or threatened by the other person
Contact with the other party needs to be restricted for safety reasons
There is a need for urgent protection, sometimes alongside child arrangements proceedings
How Can a McKenzie Friend Help?
A McKenzie Friend can assist you by:
Helping prepare the application and supporting statement
Guiding you through the court process
Providing in-court support during hearings
Helping you respond to any cross-applications or challenges
If you’re considering a Non-Molestation Order, it’s important to act quickly and gather any evidence of abuse or harassment (messages, emails, police reports, etc.). The court takes safety and urgency very seriously in these cases.
Non-Molestation Order Applicant
A Non-Molestation Order applicant is the person who applies to the court for protection against abuse, harassment, or intimidation by someone they have (or had) a personal relationship with.
This applicant is usually seeking the court’s help because they feel threatened, unsafe, or harassed, and they want legal protection to prevent further harm.
Who Can Be a Non-Mol Applicant?
You can apply for a Non-Molestation Order if you are a victim of abuse and you are “associated” with the respondent. This includes:
A current or former spouse or civil partner
Someone you are or were cohabiting with (as partners)
Someone you are dating or in an intimate relationship with
A person you share parental responsibility with (including an ex-partner or the child’s parent)
A family member (such as a sibling or parent)
What the Applicant Must Show:
There has been abuse, which could be physical, emotional, verbal, financial, or coercive control
The order is needed for protection—for them or for a child
The situation causes significant distress or fear
You do not need to have reported the abuse to police to apply. You can apply with or without legal representation, and in emergency situations, you can apply without the other party knowing (called a without notice or ex-parte application).
What Protection Can the Applicant Get?
The court may order that the respondent must not:
Use or threaten violence
Contact the applicant directly or indirectly
Go near the applicant’s home, workplace, or child’s school
Harass, intimidate, or abuse the applicant in any form
Support for Applicants
A McKenzie Friend can help an applicant by:
Explaining the process clearly
Assisting with completing and submitting the application (Form FL401)
Helping draft a strong supporting statement
Supporting the applicant in court (emotionally and procedurally)
Preparing for a without notice (known as ex parte) or urgent hearing if necessary
Non-Molestation Order Respondant
A Non-Molestation Order respondent is the person who has had a court application made against them, alleging they have committed abuse, harassment, or threatening behaviour towards the applicant (usually a former partner or family member).
If you're a respondent in a Non-Molestation Order (Non-Mol) case, it means the applicant is asking the court to legally restrict your behaviour to protect themselves or a child.
🔹 What Happens if You’re Named as a Respondent?
You’ll Receive Court Papers
A copy of the application (Form FL401)
A detailed witness statement outlining the applicant’s allegations
A court notice of hearing date (sometimes on short notice if made without notice)
You Can Respond
You can accept the order, oppose it, or offer undertakings (a formal promise to the court not to do certain things, without admitting wrongdoing).
You may submit a witness statement and supporting evidence in reply.
The Court Will Decide
If you challenge the order, the case will go to a hearing.
If granted, the Non-Molestation Order is legally binding—breaching it is a criminal offence.
🔹 What a Non-Mol Order Might Prevent You From Doing:
If made, the order may forbid you from:
Contacting the applicant (directly or indirectly)
Coming near their home, work, or child’s school
Harassing, intimidating, or threatening them in any way
Posting about them online or contacting third parties to reach them
🔹 As a Respondent, You Should:
Take it seriously – It can affect future family court decisions (e.g. child arrangements)
Comply with any temporary orders until the hearing
Respond in writing and attend all hearings
Avoid all contact with the applicant unless allowed
Consider whether to contest the order or offer undertakings (legal promises not to repeat certain behaviour)
🔹 How a McKenzie Friend Can Help You as a Respondent:
Explain the process and court paperwork
Help prepare your statement and evidence (in your defence if contesting the allegations)
Support you in court hearings with note-taking and quiet advice
Help you understand your rights and options
Assist in applying to vary or discharge (cancel) an order if circumstances change
Important: A Non-Molestation Order does not give the applicant a criminal record, but breaching it can result in arrest, charges, and imprisonment. Take McKenzie Friend support seriously if you’re responding to one.
