Home » Answers Hub » Non-molestation orders
Personally, and as soon as possible after it is made. A non-molestation order binds the respondent only once they are aware of it, so it is handed to them directly, normally by a process server or the court bailiff rather than the applicant, together with the application and supporting statement where required. A statement of service is then completed so any breach can be enforced.
Breach of a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996, but a person cannot be convicted of breaching an order they did not know existed. Personal service closes that gap: the respondent receives the order into their hands, the server identifies them and records the encounter, and from that moment the protection is live and enforceable. Where an order is made without notice, the papers served will also include the return date at which the respondent can put their side.
Family practice keeps the applicant well away from service, both for safety and because a disputed doorstep encounter between the parties helps nobody. Solicitors instruct a process server for speed and evidence, or request service by the court bailiff, which is free but slower and harder to schedule. Our servers handle these instructions daily, are trained for volatile situations, and treat same day service as the norm because an unserved order protects no one tonight.
A statement of service is completed identifying who was served, when, where and with which documents, and it is this document the police and the court rely on if a breach is alleged. Where a power of arrest is attached to an occupation order, the relevant documents are also delivered to the police station for the applicant’s address so officers can act on a call without first debating whether service happened.
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This page provides general information about the law and practice in England and Wales and is not legal advice. Rules change and individual circumstances vary; always take advice from a solicitor on your specific situation. Prices shown are indicative, exclusive of VAT and confirmed in writing before any work begins.