To obtain a restraining order in the UK, an individual must typically apply to the Family Court for a Non-Molestation Order or an Occupation Order. The process involves submitting Form FL401 along with a detailed witness statement outlining recent incidents of harassment or violence.

In urgent cases, “ex-parte” orders can be granted by a judge on the same day without the respondent being present.

How to get a restraining order in the UK?

A restraining order is a legal injunction issued by a court to protect a person from harassment, threats, or physical violence. In the UK, these are primarily issued in criminal courts following a trial, while Non-Molestation Orders serve a similar protective function in civil and family court settings.

Securing one requires proving that a person’s behavior is causing alarm, distress, or a genuine fear of violence.

The core legal framework for UK protection

In 2026, the legal landscape for protective injunctions relies on the Domestic Abuse Act and the Protection from Harassment Act 1997. While people commonly use the term restraining order, the specific legal tool depends on the relationship between the parties.

If the parties are associated (family or partners), a Non-Molestation Order is the standard route. For strangers or neighbors, a Civil Injunction is utilized. In practice, the burden of proof rests on the applicant to provide a chronological account of the respondent’s behavior.

What is the difference between a restraining order and a non-molestation order?

The distinction between these two terms is often the first hurdle for applicants. A restraining order is typically a tool of the criminal justice system, often handed down by a Magistrate or Crown Court judge at the end of a criminal case to protect victims or witnesses.

Conversely, a Non-Molestation Order is a civil remedy obtained through the Family Court.

How do you apply for a protective order in 2026?

The application process has been increasingly digitised in the UK to ensure faster access to justice. Applicants can now submit documentation via the HMCTS (His Majesty’s Courts and Tribunals Service) portal or via post to a local family court.

1. Assess the relationship: Determine if the respondent is an associated person under the Family Law Act 1996.
2. Draft the Witness Statement: Create a clear, dated timeline of harassment, including digital evidence and police CAD numbers.
3. Complete Form FL401: This is the primary application form for domestic-related protective orders.
4. Request an Emergency Hearing: If there is immediate danger, request an ex-parte (without notice) hearing for same-day protection.
5. File the Application: Submit the forms to the nearest Family Court or via the online digital service.
   • Timeliness is vital here; if your application is tied to a wider marital split, factor in how long can a spouse drag out a divorce in the UK to manage your expectations regarding the overall legal timeline.
6. Attend the Court Hearing: Present the case to a judge or magistrate; legal representation is advised but not mandatory.
7. Arrange for Service: Once granted, the order must be served (personally delivered) to the respondent by a process server or court official.
8. Notify the Police: Ensure a copy of the served order is provided to the local police station to ensure enforcement.

What evidence is required to secure a restraining order?

Successful applications generally hinge on the quality and clarity of your supporting documentation. The court does not require perfect evidence, but it does require a balance of probabilities that harassment has occurred.

• Digital Logs: Screenshots of WhatsApp messages, emails, and call logs showing the frequency and tone of contact.
• Police Evidence: Crime reference numbers or domestic abuse incident reports from local constabularies.
• Professional Testimony: Letters from GPs, social workers, or domestic abuse support workers that confirm the impact on the victim’s mental or physical health.
  • Should your application rely on proving a specific legal status or a previous decree, you may need to verify how do i find my divorce records for free to ensure your documentation is robust enough for the court.
• Third-Party Witnesses: Statements from neighbors, colleagues, or friends who have witnessed the behavior or its immediate aftermath.

When reviewing decisions, judges often look for a pattern of behavior rather than a single isolated incident, particularly in cases involving coercive control as defined under current UK guidelines.

How much does a restraining order cost in the UK?

A frequent concern for many applicants is the potential cost of seeking legal protection.

Although there is no fee for the order itself, many applicants also choose to review how much does a divorce cost if both parties agree as they plan for a clean break and financial independence alongside their immediate safety.

In the UK, there is no court fee to apply for a Non-Molestation Order or an Occupation Order. However, other costs may apply depending on the complexity of the case.

How does a restraining order impact the workplace and SMEs?

For UK business owners and SME managers, understanding the intersection of protective orders and employment law is a critical safeguarding responsibility.

If an employee has a restraining order against a colleague, the employer has a duty of care under the Health and Safety at Work Act 1974 to ensure a safe environment.

To illustrate, consider a recent case involving a marketing firm in Birmingham had to restructure its seating plan and office access codes after an employee secured an order against a former partner who worked in a neighboring building. By acknowledging the legal order, the SME avoided potential liability for failing to protect the staff member.

Employers should never ignore a notification of a protective order. In practice, this may require remote working arrangements or specific security protocols to ensure the respondent does not breach the order by visiting the place of work.

What are the penalties for breaching a protective order?

In the UK, breaching a Non-Molestation Order is a criminal offense under the Domestic Abuse Act. Even though the order is obtained in a civil court, the breach is handled with the full weight of the criminal justice system.

Immediate Consequences of a Breach:

• Arrest: The police have the power of arrest if they have reasonable grounds to suspect a breach.
• Imprisonment: Magistrates or Crown Court judges can sentence a person to up to five years in prison for a serious breach.
• Criminal Record: A conviction for a breach will appear on standard and enhanced DBS checks, impacting the respondent’s future employment.

Securing Your Safety: Immediate Next Steps

Applying for a Non-Molestation or restraining order is a practical, legal pathway to ensuring your long-term security. The most critical first step is documenting the harassment and identifying the correct court for your specific relationship with the respondent.

If you are in immediate danger, always contact emergency services on 999 before starting the legal application. For non-emergencies, consult a family law solicitor or a support charity to begin drafting your witness statement.

FAQ about how to get a restraining order

How long does it take to get a restraining order in the UK?

In emergency situations, an ex-parte order can be granted on the same day. For standard applications involving a full hearing where the respondent is present, the process typically takes 2 to 4 weeks.

Can I get a restraining order for free?

Yes. There are no court fees for domestic protective orders in the UK. Many applicants also qualify for Legal Aid, which covers the cost of a solicitor if there is evidence of domestic abuse and financial need.

Will a restraining order show on a DBS check?

A civil Non-Molestation Order does not show on a basic DBS check. However, if the order is breached and results in a criminal conviction, that conviction will appear on all levels of DBS checks.

Can a man get a restraining order against a woman in the UK?

Yes. UK law is gender-neutral. Anyone, regardless of gender or sexual orientation, can apply for protection if they meet the criteria of being an associated person or are experiencing harassment.

What happens if I don’t have a solicitor?

You can apply as a Litigant in Person. Organizations like Citizens Advice or Support Through Court provide guidance on filling out forms, though they cannot provide specific legal advocacy in the courtroom.

Can I get an order against someone I didn’t live with?

Yes. You can apply for a Non-Molestation Order against associated persons, which includes ex-partners you didn’t live with, family members, or people you have a child with. For others, a civil injunction is used.

How long does the protection last?

Most Non-Molestation Orders are issued for a duration of 6 to 12 months. However, the court has the power to extend the order if the applicant can demonstrate that the risk of harm still exists.