How long will my non-molestation order last?

Reviewed 19 October 2026 · Information for England and Wales

There is no standard length. The judge decides, and the end date is printed on the order itself. Most orders run for 6 or 12 months, but some last longer and some are made "until further order" – they carry on until a court says otherwise.

Below we explain how the length is decided, when protection begins, and how to keep it going if you still need it.

Quick guide

The legal rule

Section 42(7) of the Family Law Act 1996 allows a non-molestation order to be made "for a specified period or until further order". There's no upper or lower limit, so the judge has wide discretion and the facts drive the decision. Judges consider:

• Seriousness. Violence, threats to kill, strangulation, sexual abuse or stalking normally justify longer protection.
• Duration. A pattern of control over several years points to a longer order than a single incident.
• Whether it is ongoing. Recent incidents, escalation or breaches of earlier orders all count.
• Children. If parents will keep having contact, the court thinks about how long the risk may continue.
• Agreement. If the other person agrees to an order at the return hearing, the length is often agreed too.
• Proportionality. An order restricts someone's freedom, so it shouldn't last longer than necessary.

When protection begins

The order is made the day the judge signs it, but it only binds the other person once they know about it – usually when it is personally served. The end date is set by the order, not by when service happens, so any delay in serving it eats into your protection. That's a good reason to get it served quickly – see serving the order.

Emergency orders and the return date

An urgent, without notice order is usually short to begin with. It lasts until a return hearing, generally within about 14 days, when the other person can respond. At that hearing the judge commonly:

• extends the order for a longer period, such as 6 or 12 months
• accepts an undertaking (a formal promise) instead, and may discharge the order
• fixes a further hearing if the other person disputes it, keeping the order in force meanwhile

Our return hearing guide explains more.

Asking for longer protection

You can ask for a specific length in your application and at the hearing – just give reasons, for example:

• "The abuse has gone on for four years despite police involvement."
• "He broke a previous order."
• "Our children case will take months, and he uses handovers to threaten me."

If you need more than 12 months, say so clearly and explain why. When we draft your papers we include the length you want and your reasons.

Extending the order

It's possible – but only while the order is still running. Either party can ask to vary or discharge an order using form FL403. To extend:

1. Complete FL403, asking the court to vary the order by extending it.
2. Add a short statement explaining why you still need protection – recent incidents, contact or breaches, or why the risk remains even if things have settled.
3. Send it to the court that made the order well before it expires – ideally four to six weeks before.
4. The court will fix a hearing, and the other person will normally be told.

No court fee is payable on an FL403 relating to a non-molestation order.

"But he's obeyed it" – you can still extend

People often fear that if the other person has complied, an extension will be refused. Not so. The court asks whether protection is still needed – and the order may be exactly why things have calmed down. Explain what you think would happen if it ended.

If it has already expired

An order that has run out can't be extended. If you still need protection, make a fresh application on form FL401. The earlier order and its history are relevant evidence, so mention them, along with anything that has happened since.

Ending it early

Either of you can apply on FL403 to discharge (cancel) the order. If the other person applies, you'll be notified and can object. If you get back together, don't simply ignore the order: while it stands, they can be arrested for breaching it even if you invited the contact. Speak to the court or get advice first.

Occupation orders

Occupation orders follow their own time limits, depending on your legal right to the home – some are capped at six months with one extension, others can last until further order. See occupation orders.

Summary

• The judge sets the length – most often 6 or 12 months.
• Longer, or "until further order", is possible where the risk justifies it.
• It binds the other person only once served.
• Extend using FL403 before the end date.
• If it lapses, you must start again with a new FL401.