If you've received a non-molestation order or been served with a non-molestation application, you can defend or contest it. To do that properly you need to know which stage your case is at, meet the deadlines, and put your side to the court in the right form.
Step 1: Work out what you've been served with
| You've received… | What it means | What to do |
|---|---|---|
| An order made without notice + FL435 + hearing notice | The court made an order after hearing only the applicant. A return hearing is fixed. | Obey the order. Return the FL435 at least 5 working days before the return hearing. |
| An application (FL401) and hearing notice, but no order | The application was made "on notice". No order exists yet. | Attend the hearing. You have the right to make representations in writing or at the hearing. The rules require service at least 2 days before the hearing, so act immediately. |
| An occupation order | The court has decided who can live in the home. | See occupation orders. |
| Papers from the police or a criminal court | This may be a restraining order or a Domestic Abuse Protection Notice/Order, not a family court non-molestation order. | Get criminal legal advice. Contact us if unsure. |
Step 2: Decide whether to defend the whole order or part of it
- Contest it entirely: you say the allegations are untrue or the order isn't needed. You must attend court and tell the court you oppose it.
- Agree without admissions: no findings are made, but the order stays.
- Offer an undertaking instead of an order.
- Accept an order but challenge its terms: for example an exclusion zone that covers your workplace, or wording that stops child handovers.
Step 3: Check the legal basics in the applicant's case
A good defence starts by checking whether the court should have made the order at all:
- Are you an "associated person"? Non-molestation orders can only be made between associated persons: for example spouses, ex-partners, people who live or lived together, relatives, people who have had an intimate relationship of significant duration, or parents of the same child. If you aren't associated, the family court may not have power to make the order.
- Is there "molestation"? The court looks at whether there has been harassment, pestering, intimidation or violence serious enough to need the court's intervention.
- Was "without notice" justified? Without-notice orders are meant to be the exception. If the applicant didn't give the court the full picture, raise this.
- Is the order clear and proportionate? The 2026 guidance requires orders to say precisely what you can't do, in clear specific language, and to have an end date.
Step 4: Scrutinise the applicant's statement and gather evidence
Go through the applicant's witness statement paragraph by paragraph. For each allegation, note whether you agree, disagree or partly agree, and what evidence you have. Useful evidence includes full message histories, call logs, emails, social media, bank and location records, and witnesses. See false allegations for more.
Step 5: Put your case to the court
Return your FL435 and, if the court directs, file a response statement with a statement of truth. At a contested hearing you can't cross-examine the applicant yourself. A qualified legal representative can be appointed to do it for you if you have no lawyer.
Step 6: Get legal help and check legal aid
Respondents can get legal aid if they pass the means and merits tests. It's more likely where there are linked children or criminal proceedings. Speaking to our advisors is free.
Frequently asked questions
Do I have to go to court to defend a non-molestation order?
Yes. If you want to defend the order in its entirety you need to tell the court (via the FL435) and attend the hearing. If you don't attend, the court can continue the order without hearing you.
Is a non-molestation order the same as a restraining order?
No. A non-molestation order is made by the family court under the Family Law Act 1996, usually on an application by the person seeking protection. A restraining order is made by a criminal court, usually when someone is convicted or acquitted of an offence. Both can be criminal to breach.
What is an associated person?
The Family Law Act 1996 only allows non-molestation orders between 'associated persons', such as spouses or civil partners, ex-partners, cohabitants, relatives, people in an intimate relationship of significant duration, and parents of the same child.
What is form FL415?
FL415 is the applicant's statement of service. It confirms to the court that the respondent was served with the papers. It isn't a form the respondent completes.
I've been served with an application but there's no order yet. What now?
The application was made on notice. Attend the hearing on the notice, and prepare to tell the court whether you agree to an order, would offer an undertaking, or oppose it. Get advice straight away because the notice period can be short.