How to challenge, set aside, vary or discharge a non-molestation order

If you think a non-molestation order is wrong, too wide, or no longer needed, there are several ways to challenge it. The right route depends on whether the order was made without notice, whether the return hearing has happened, and what you want to change.

1. At the return hearing

For most respondents, the return hearing is the main opportunity to oppose the order. Indicate on your FL435 that you oppose it, and the court will set a timetable for evidence.

2. Apply to set aside or vary before the return date

A without-notice order must tell you that you can apply to set aside or vary it without waiting for the return date. This can be appropriate where:

• the order contains a clear mistake (wrong address, wrong name, impossible terms);
• the terms stop you doing something essential, such as going to your workplace or collecting children under an existing court order;
• the applicant failed to tell the court something important (non-disclosure) when asking for the order without notice.

Applications are usually made on form FP2 (Part 18 procedure) with a short statement explaining why. Check the current court fee or apply for Help with Fees.

3. Apply to vary or discharge later

If circumstances change, for example you have moved, a children case has concluded, or the order's terms make co-parenting impossible, you can apply to vary or discharge the order. The court will consider whether the order is still necessary to protect the applicant or any relevant child.

4. Appeal

If a final order was made after a contested hearing and you believe the judge got the law wrong or the decision was unjust because of a serious procedural irregularity, you may be able to appeal. Strict time limits apply (usually 21 days), and permission is normally needed. Take legal advice urgently.

Evidence that helps a challenge

• Full message threads (not just selected screenshots), with dates
• Evidence that the applicant initiated contact or arrangements
• Witnesses who saw relevant events
• Proof of where you were at the time of alleged incidents (work rotas, receipts, location data)
• Police disclosure or confirmation of no further action, if relevant

Frequently asked questions