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3 November 2026
Advice on protecting yourself and your children
If you are experiencing harassment, intimidation or abuse from a partner, former partner or family member, the court can provide legal protection.
A non-molestation order and an occupation order are the two types of orders commonly used in these situations.
These orders are designed to protect individuals and children from harm, prevent unwanted contact and regulate who can live in or return to a family home.
Our experienced family law solicitors can provide sensitive and practical advice if you are considering applying for one of these orders.
What is a non-molestation order?
A non-molestation order is a court order that protects someone from abuse or harassment by a partner, former partner or certain family members.
The order can prevent a person from:
- Using or threatening violence
- Harassing, intimidating or pestering you
- Contacting you directly or indirectly
- Coming near your home, workplace or children’s school
If you would like to know more about non-molestation orders, talk to your experts, who are happy to answer your questions.
What is an occupation order?
An occupation order regulates who can live in the family home and who must leave.
Depending on the circumstances, the court may order that:
- One person must leave the property
- One person can return to the property
- Certain areas of the home cannot be accessed by one party
- A person must stay a certain distance away from the property
Occupation orders are often used alongside non-molestation orders where someone needs immediate protection or space from an abusive or threatening situation.
How quickly can the court make an order?
In urgent situations, the court can make an order very quickly.
Sometimes an application can be made without notifying the other person in advance if there is a risk of harm or intimidation. This is known as a without notice application.
The court may then arrange a further hearing where both parties have the opportunity to attend.
The court will always prioritise the safety and well-being of those involved when considering these applications.
New guidance was released in January 2026, advising that without notice orders should now only be used in exceptional circumstances.
The guidance also outlined timeframes for the hearings that follow the order. A return hearing for a without notice order should usually be listed within 28 days, while a hearing for an on notice application should usually be listed within 21 days.
How our solicitors can help
If you are concerned about your safety or the safety of your children, obtaining legal advice can help you understand the protections available.
Our family law solicitors can:
- Advise whether a non-molestation or occupation order is appropriate
- Help prepare and submit an urgent court application
- Represent you at court hearings
- Provide ongoing advice about your legal options
We understand that these situations can be extremely difficult and sensitive. Our team aims to provide clear advice throughout the process, so you always have access to support when you need it.
Step 02
Call
Our Solicitors will explain the pertinent points of law with you, what your obligations are, whether a Non-Molestation or Occupation Orders is right for you, and costs and timelines.
Step 03
Sign
The engagement letter and we'll get to work on your Non-Molestation and Occupation Order.
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Non-molestation and occupation orders FAQs
Who can apply for a non-molestation or occupation order?
Applications for non-molestation and occupation orders are usually made by individuals against someone with whom they had a close personal relationship.
This can include:
- A spouse or former spouse
- A partner or former partner
- A cohabiting partner
- A family member
- The other parent of a child
A solicitor can advise whether you are eligible to apply based on your relationship and circumstances.
What happens if a non-molestation order is breached?
Breaching a non-molestation order is a criminal offence.
If the person named in the order ignores its terms, the police have the power to arrest them.
The matter may then be dealt with by the criminal courts and the individual could face penalties including fines or imprisonment.
If you believe an order has been breached, you should contact the police as soon as possible.
How long do non-molestation and occupation orders last?
A non-molestation order is usually made for a fixed period of time, often between six and twelve months, although the exact length will depend on the circumstances and severity of the case.
An occupation order may also last for a specific period set by the court. In some cases, it may be extended if ongoing protection is required.
Do I need to attend court to obtain an order?
In some urgent cases, the court may grant a temporary order without the other person being present.
However, the court will usually list a further hearing where both parties have the opportunity to attend and present their position before the court decides whether the order should continue.
We can guide you through the process and represent you during any hearings.
What is the FL435 form?
From January 2026, family courts in England and Wales began following updated guidance on how applications for a non-molestation order should be handled.
This included a brand-new court form – the FL435 form.
This form allows the respondent to inform the court before the hearing whether they agree to the order continuing, oppose it or intend to challenge it.
The FL435 form helps judges identify the issues in advance and can make hearings more efficient.
