Being served with a non-molestation order is a shock. Often a process server or the police hand you papers without warning, and you find there has already been a court hearing that you knew nothing about. This guide explains exactly how to respond to a non-molestation order, what deadlines apply and where to get free legal advice and legal aid as a respondent.
1. Understand what you've been served with
You will usually receive:
- The non-molestation order, which lists what you must not do (for example contact the applicant, go to a certain address, or post about them online). Since January 2026 orders must use clear, specific language and include an end date.
- The applicant's application (FL401) and witness statement, setting out their allegations against you.
- A notice of hearing giving the date of the return hearing.
- Form FL435, Response to a Non-Molestation Order, which you complete and send back to the court.
If the order was made "without notice" (also called ex parte), the judge heard only the applicant. The court has not decided that what they say is true.
2. Check the key dates
| Date | Why it matters |
|---|---|
| Date you were served | The order binds you from this moment. |
| Return hearing date | Under the 2026 guidance it should be within 28 days of a without-notice order (21 days for on-notice applications). |
| FL435 deadline | Return the form to the court no less than 5 working days before the return hearing. |
| Order end date | Orders often last 6–12 months, but can be longer or extended. |
3. Decide your response
Broadly, you can:
- Agree to the order continuing without admitting the allegations. Courts routinely accept this. No findings are made against you.
- Offer an undertaking, a promise to the court, instead of an order.
- Agree in part, asking the court to change terms that are too wide, unclear or that stop you seeing your children.
- Oppose the order and ask the court to discharge it. The court will then give directions for written statements and evidence, and may hold a contested or fact-finding hearing.
Which option is right depends on the allegations, whether there are children proceedings, any police involvement, your job (for example roles needing DBS checks) and your immigration or licensing position. This is where free advice makes a real difference.
4. Complete the FL435 and your response statement
The FL435 form tells the court your position in advance. If you are opposing, you will normally also need a response statement: your side of events, answering each allegation in turn, signed with a statement of truth. Keep it factual and calm, and avoid personal attacks on the applicant.
Our advisors can help you type up your response so it is clear, structured and ready for the court.
5. Check if you can get legal aid
Legal aid for respondents is available but is means- and merits-tested. It is more likely where there are linked Children Act proceedings or criminal proceedings. We check eligibility for free and refer eligible respondents to legal aid family solicitors.
6. Prepare for the return hearing
Bring your copy of the papers, any evidence (messages, emails, call logs, witness details) and a short note of what you want the court to do. Arrive early. The applicant may be in a separate waiting room, and you cannot personally cross-examine the applicant if abuse is alleged. If you have no lawyer, the court can appoint a qualified legal representative to ask the questions for you, at no cost to you.
What not to do
- Don't contact the applicant, directly or through friends, family or social media.
- Don't post about the case online. Family proceedings are private.
- Don't ignore the hearing. The court can continue the order in your absence.
- Don't miss the FL435 deadline.
- Don't delete messages or evidence. They may help you.
Frequently asked questions
Can I just ignore a non-molestation order?
No. The order applies to you from the moment you are served, whether or not you attend court. If you don't respond or attend, the court can continue the order without hearing your side.
Can I respond to a non-molestation order without a solicitor?
Yes, many respondents represent themselves as litigants in person. But because the consequences can be serious, especially where children or police are involved, you should take advice first. Speaking to our advisors is free.
Will a non-molestation order give me a criminal record?
A non-molestation order is a civil order and does not by itself give you a criminal record. Breaching it is a criminal offence that can lead to a conviction.
Can the applicant withdraw the order?
The applicant can ask the court to discharge the order, but it stays in force until the court discharges it. Contact from the applicant does not cancel the order, and you must still obey it.