The evidence you need for a non-molestation order
"I've got no proof" is one of the most common worries we hear. Here's the reassuring part: you don't need photos, police reports or witnesses to apply. A signed witness statement is evidence in its own right, and judges grant orders every day based mainly on what the applicant tells them.
Extra evidence can still make your case stronger – especially if the other person disputes it.
Your statement comes first
A witness statement signed with a statement of truth is evidence the court can rely on. For urgent applications the judge often decides on your statement alone, so a clear, honest, detailed account is the most valuable thing you can provide. Strong statements include:
- dates and places, even approximate ones
- threats quoted word for word
- injuries described plainly
- who else was present
- the pattern over time
- the effect on you and any children
See our witness statement example.
Supporting evidence
| Evidence | Examples | How to use it |
|---|---|---|
| Messages | Texts, WhatsApp, email, voicemail, social media messages and posts | Screenshot so the sender, date and time show. Keep the originals – don't delete threads. |
| Call history | Repeated calls, withheld numbers | A screenshot of 40 missed calls overnight speaks for itself. |
| Photographs | Injuries, damage, the person at your door | Photograph on the day and again as bruises develop; note the dates. |
| Police information | Crime reference numbers, arrests, cautions, bail | The reference number is enough – you don't need the full report. |
| Medical notes | GP, A&E or hospital records, counselling | Mention them; the court can ask for them later. |
| Witnesses | Friends, family or neighbours who saw or heard things | Note their names – short statements can be added later. |
| Professionals | Letters from an IDVA, support worker, school or social worker | A short letter confirming their support can help. |
| A diary | Notes made at the time | Notes written soon after events carry real weight. |
| Bank statements | Money taken, financial control | Helpful where there is economic abuse. |
| Doorbell or CCTV video | The person turning up | Save a copy quickly – many systems overwrite within days. |
Storing it safely
If you still live with the person, or they can get into your phone or accounts, take care:
- Keep a backup where they can't reach it – a new email address, a trusted friend, or your support worker.
- Check cloud syncing. Services like iCloud or Google Photos can copy screenshots to a shared device.
- Don't confront them with what you've collected.
- Ask a support service about safe storage – they handle this all the time.
Do I have to attach it?
Not necessarily, especially in an urgent case. You can:
- Describe it in your statement – "I have screenshots of more than 200 messages sent between August and September 2026." That is often enough at first.
- Attach the key items as labelled exhibits (e.g. "Exhibit SP1"). Pick the strongest few rather than everything.
- Provide it later. If the order is contested, the court will set a timetable for both sides' evidence.
Our questionnaire asks you to list your evidence – please don't upload it there. We'll explain how to include it safely when we draft your papers.
It's my word against theirs
That's normal – abuse usually happens behind closed doors. The court decides on the balance of probabilities: is your account more likely than not to be true? Judges look at how consistent, detailed and believable each version is. A lack of physical evidence doesn't mean you won't be believed.
Evidence to be careful with
- Secret recordings can sometimes be used in family cases but may backfire, particularly if children are involved. Get advice first.
- Material taken from the other person's phone or accounts without permission – accessing them could itself be an offence.
- Anything gathered by asking children to report on the other parent.
When the abuse isn't physical
Coercive control, financial abuse, stalking and online abuse leave fewer obvious traces. Focus on the pattern: rules you had to obey, phone checks, control of money, being cut off from friends, location tracking. Diaries and screenshots are especially valuable here.
Summary
- Your statement alone is enough to apply.
- Further evidence helps, particularly if the order is disputed.
- Keep it somewhere the other person can't find it.
- Describe it in your statement and produce it later if needed.
- The court decides on the balance of probabilities.
Is a police report required?
No. Plenty of orders are made where the police were never involved. If you do have a crime reference number, include it.
Will screenshots be accepted?
Yes. Screenshots showing who sent each message and when are used all the time. Keep the originals on your phone as well.
Let us draft your court papers – free
Tell us what has been happening, in your own words. We write up your FL401 application and supporting statement at no cost, then explain how to sign them and get them to the Family Court. The court charges nothing either.