How to File a Civil Injunction in England & Wales (In the Absence of Criminal Proceedings)?
- Kumarlo Menns
- Jul 3
- 2 min read
If someone is harassing, threatening, or abusing you and you need protection, there is no need to wait for the police to investigate and take action. You can apply for a civil injunction or a non-molestation order through the courts to restrain the offending conduct. Here's how it works.
What You Can Apply For?
1. Civil Injunction (Under the Protection from Harassment Act 1997 (“PHA”))
Used to protect you from conduct which amounts to harassment which caused alarm or distress such as verbal abuse, threats of violence and/ or unwanted repetitive contact.
2. Non-Molestation Order
Used to protect you from the same conduct as under PHA in circumstances where you are personally connected to the offending party (e.g. partner, family member). It’s common in domestic abuse cases. Non-Molestation Orders are peculiar to the Family Courts.
How to File a Civil Restraining Order?
Step 1: Speak to a Solicitor
We’ll review your documentation, help assess your circumstances and the merits of your proposed course of action, advise which type of order fits best.
Step 2: Complete and Submit the Application
We’ll prepare your application documentation (in conjunction with counsel where appropriate). Your application will need to be filed at court and served on the relevant parties. We’ll help collate and distribute the relevant documentation.
Step 3: Emergency Protection (Optional)
If you’re at immediate risk, we can request a without notice (ex parte) hearing, where the order is granted without informing the other party. Where the application is successful and order will be granted on a temporary basis until a further hearing (the Return Date).
Step 4: Court Hearing
The court will set a hearing date. If a temporary order was granted, this hearing confirms whether it stays in place. At the hearing the respondent has an opportunity object to the order being granted.
What the Court Can Order?
The court’s powers are very wide. An order might include a provision:
Preventing contact with you (in person, phone, text, online);
Creating an exclusion zone around your home or place of work (compelling the harassing party to stay away from you;
Prohibiting the harassing party from encouraging others to harass you.
How Long Does It Last?
Usually between 6 months to a year, but it can be extended or made indefinite depending on the situation.
What Happens If They Breach the Order?
Breaching a civil injunction or non-molestation order amounts to contempt of court. A party found to be in contempt can be arrested, imprisoned and fined.
What Is the Cost?
The cost of preparing the documentation generally starts from about £2,500 plus VAT. If you require representation at court an advocate may be instructed to attend on your behalf. Their fees generally start from around £2,000 plus VAT.
Get Help Today
If you need fast, protective legal action without involving the police, we can help. Get in touch to speak confidentially with our legal team.
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