Restraining order or non-molestation order?

Reviewed 19 October 2026 · Information for England and Wales

Both orders can stop someone harassing, threatening or contacting you, and breaching either is a crime. The key difference is who asks for it and which court makes it:

a non-molestation order is something you apply for yourself in the Family Court
a restraining order is made by a criminal court at the end of a prosecution

Comparison

| | Non-molestation order | Restraining order | |---|---|---| | **Court** | Family Court | Magistrates' or Crown Court | | **Who asks** | You | The prosecution (CPS); the judge can also make one | | **Criminal case needed?** | No | Yes – after a conviction or acquittal | | **Who it can be against** | Someone "associated" with you – partner, ex, relative, household member | Anyone, including strangers and neighbours | | **Speed** | Same day in an emergency | When the criminal case ends – possibly months | | **Cost to you** | No court fee | None | | **Length** | Usually 6–12 months, extendable | Fixed period or until further order | | **Penalty for breach** | Crime, up to 5 years | Crime, up to 5 years | | **Can also deal with the home?** | Yes, with an occupation order on the same form | No |

Why a non-molestation order is often better

You need protection now, not when a court case finishes.
The police haven't charged anyone, or you'd rather not involve them.
A criminal case has been dropped or is dragging on.
You also need the person out of the home – add an occupation order.
You stay in control – you decide what to ask for and can apply to extend it.

When a restraining order is the way forward

The person is being prosecuted for an offence against you, such as assault, harassment or stalking.
The person isn't associated with you – a neighbour, colleague or stranger – so a non-molestation order isn't possible.

If there's a criminal case, tell the officer or the witness care unit that you'd like a restraining order. Even if the defendant is acquitted, the court can still make one if it's needed to protect you.

Can I have both?

Yes. Many people get a non-molestation order quickly for immediate protection, and the criminal court later adds a restraining order. Both must be obeyed – make sure each court knows about the other.

Where DAPOs fit

The new Domestic Abuse Protection Order (DAPO) can be made by family, civil or criminal courts and can include extra conditions such as tagging. A national roll-out has been announced from 25 November 2026. See DAPO or non-molestation order.

So which do I need?

If the person is a partner, ex or relative and you need protection now, a non-molestation order is usually quickest – you can apply today, without waiting for the police or a prosecution.

We draft your FL401 and witness statement free. Begin your free application.

Are a non-molestation order and a restraining order the same thing?

People often use "restraining order" loosely, but legally they're different. You apply for a non-molestation order in the Family Court; a restraining order comes from a criminal court at the end of a prosecution.

Does a non-molestation order give the other person a criminal record?

Not on its own – it's a civil order. Breaking it is a crime, though, and a conviction for breach goes on their record.

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.

Begin my free application