Form FL401: Non-Molestation or Occupation Order Application (2026 Guide)

When Do You Need Form FL401?

You need Form FL401 if you are experiencing domestic abuse — whether physical, emotional, psychological, financial, or coercive and controlling behaviour — and you need the court to impose legal obligations on the person responsible.

A non-molestation order is appropriate where you need the court to prohibit a person (called the respondent) from molesting you, harassing you, pestering you, using or threatening violence against you, or contacting you in any way. Breach of a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996, punishable by up to five years’ imprisonment.

An occupation order is appropriate where there is a dispute about who has the right to occupy the family home. It can require the respondent to leave the property, prohibit them from returning, or regulate how the property is used. Occupation orders are more complex, involve a detailed legal test that varies depending on the parties’ property rights, and are generally considered a more serious remedy than a non-molestation order.

You can apply for both orders at the same time on a single FL401 form.

Who Can Apply?

You can apply for a non-molestation order if you are an “associated person” in relation to the respondent. Associated persons include:

• Current or former spouses and civil partners
• Current or former cohabitants
• Relatives (including parents, children, siblings, grandparents, aunts, uncles, and in-laws)
• Parties to the same family proceedings (for example, co-parents in a C100 case)
• Persons who have or have had an intimate personal relationship with each other of a significant duration

If you are not an associated person, the Family Law Act 1996 route is not available to you. However, other civil remedies may exist, including a harassment injunction under the Protection from Harassment Act 1997.

Occupation orders are subject to additional tests relating to the applicant’s legal entitlement to occupy the property. The legal test differs depending on whether you are a legal owner, a beneficial owner, a tenant, or a person with no formal legal interest in the property. The court has a wider discretion in some categories than others, and the remedy of last resort is available even where the applicant has no formal legal interest.

What Is Form FL401 Used For?

Form FL401 opens a set of proceedings under Part IV of the Family Law Act 1996. It is the document that:

• Identifies the applicant and the respondent
• Describes the history of abuse or relevant conduct
• Specifies the orders sought
• Sets out whether the application is being made with notice (the respondent is informed in advance) or without notice (the respondent is not informed in advance)
• Provides the information the court needs to decide whether to make the order immediately or list a hearing

The form is accompanied by a supporting witness statement setting out the grounds for the application in detail. The supporting statement is as important as the form itself, and in many cases is the document the judge will scrutinise most closely when deciding whether to grant the order.

Step-by-Step Guide to Completing Form FL401

Step 1 — Decide Which Orders You Are Seeking

Read the descriptions of non-molestation and occupation orders above and decide which applies to your situation. If you are uncertain whether an occupation order is appropriate, it is better to apply for both and let the court decide than to leave out an order you genuinely need.

Step 2 — Identify Your Relationship to the Respondent

Section 1 of the FL401 asks you to identify your relationship to the respondent. Be accurate. If the nature of your relationship does not clearly fall within one of the prescribed categories, describe it plainly and let the court assess eligibility.

Step 3 — Complete the Respondent’s Details

Provide the respondent’s full name, date of birth, and last known address. If you do not know the respondent’s current address, provide their last known address and explain why you do not know the current one.

Step 4 — Describe the History of Abuse (Section 10 — the Statement)

The FL401 includes a section asking for the grounds of the application. In practice, this section directs you to a supporting witness statement, which is where the detail must go. The witness statement should cover:

• The history of the relationship and when the problems began
• Specific incidents of abuse, in chronological order — dates, locations, what was said and done, injuries sustained, witnesses present
• The escalation of the abuse over time, if applicable
• Incidents involving children, if any
• Any recent incident that has prompted you to apply now
• Why you fear for your safety or the safety of others if the order is not made
• For occupation orders: why you need the respondent to leave the property, or why you need to return to it

Use the same principles that apply to the C1A: be specific, be factual, and explain the impact. The supporting statement should be dated, signed with a statement of truth, and filed with the FL401.

Step 5 — Consider a Without Notice Application

You may apply without notice (also called “ex parte”) if you believe that giving notice to the respondent would expose you or a relevant child to risk of significant harm, or if giving notice would defeat the purpose of the application — for example, if you believe the respondent would escalate violence upon receiving the court papers.

If you are applying without notice, complete the relevant section of the FL401 explaining why without notice is necessary. The court takes this seriously. You are asking it to make an order affecting someone’s rights without that person having had any opportunity to respond. The threshold is genuinely reached in many domestic abuse cases, but you must explain the specific reason why.

A without notice order, if granted, is typically a short-term measure. The court will list a return hearing, usually within 7 to 14 days, at which the respondent can attend and challenge the order. You must be prepared to attend that hearing and give evidence.

Step 6 — Address the Power of Arrest

A non-molestation order made under the Family Law Act 1996 automatically carries a power of arrest by virtue of section 42A, which makes breach a criminal offence. This means the police can arrest the respondent for breach without a separate warrant.

For occupation orders, a power of arrest is attached if the court is satisfied that the respondent has used or threatened violence against the applicant or a relevant child. If a power of arrest is attached, it must be served on the respondent and registered with the police.

You do not need to apply separately for a power of arrest for a non-molestation order. For an occupation order, you should address in your supporting statement whether violence or threats of violence have been used, as this is what triggers the power of arrest test.

Step 7 — Complete the Children Details Section

If there are children who are affected by the circumstances of your application — whether as witnesses to abuse, as potential victims, or as persons whose living arrangements may be affected by an occupation order — include their details in the relevant section. The court will consider the welfare of any children when making its decision.

Step 8 — File the Application

File the completed FL401 and your supporting witness statement at your local Family Court. There is no court fee for an FL401 application. In urgent without-notice cases, some courts operate a duty judge procedure that allows applications to be considered on the same day they are filed. Contact the court office to find out whether this procedure is available.

Step 9 — Serve the Order (If Granted)

If the court grants the order, it must be served on the respondent before it can be enforced. If the application was made without notice, the court will give directions about service. You may be able to arrange for a court bailiff to serve the order, or you may need to arrange personal service through a process server.

Key Deadlines and Timings

• Without notice applications: Can be considered on the day of filing at courts with a duty judge procedure. The order, if granted, is typically made for a short period pending a return hearing.
• Return hearing (without notice cases): Usually listed within 7 to 14 days of the without notice order being made.
• With notice applications: The court will list a hearing, typically within two to four weeks of filing.
• Duration of orders: Non-molestation orders are typically made for 12 months, though they can be made for any period. Occupation orders vary: if made under section 33 (applicant has a legal interest in the property), they can be made for any period; under other sections, there are statutory time limits of six or twelve months.
• Undertakings: At the hearing, the respondent may offer undertakings (formal promises to the court). The court can accept undertakings as an alternative to making an order, but it cannot attach a power of arrest to an undertaking. If you have safety concerns, consider carefully whether undertakings provide sufficient protection before agreeing to them.

What Happens After You File?

If the application is made without notice and the court grants the order:

1. The order is sealed by the court and must be served on the respondent.
2. A copy is sent to the police (especially if a power of arrest is attached).
3. A return hearing is listed at which the respondent can challenge the order.
4. At the return hearing, the court will decide whether to continue the order, discharge it, vary its terms, or list a contested hearing.

If the application is made with notice:

1. The respondent is served with the application and supporting statement.
2. Both parties attend the hearing.
3. The court may make the order by consent, list a contested hearing, or accept undertakings.

If you need to enforce the order after it is made:

• Breach of a non-molestation order is a criminal offence — report it to the police with the crime reference number.
• Breach of an occupation order with a power of arrest attached — the police can arrest without warrant.
• Breach of an occupation order without a power of arrest — you must apply to the court for a warrant of arrest or issue a committal application.

Common Mistakes to Avoid

1. Not applying for a non-molestation order alongside an occupation order. If you need both, apply for both. A single FL401 can cover both orders and there is no additional fee.
2. Filing a supporting statement that is too vague. Phrases such as “he has always been aggressive” do not give the court enough to work with. Specific incidents with dates are essential.
3. Failing to explain why a without notice application is needed. If you want the court to proceed without informing the respondent, you must give clear reasons. A without notice application denied by the court for insufficient grounds means delay before the next hearing.
4. Not attending the return hearing. If you obtained a without notice order and then fail to attend the return hearing, the court may discharge the order entirely in your absence. Always attend, or apply to adjourn with good reason.
5. Agreeing to undertakings without understanding what they mean. An undertaking carries the same legal weight as a court order for the purpose of committal proceedings, but unlike a non-molestation order, breach is not a criminal offence and the police cannot arrest without a separate application. If your safety requires the criminal sanction, do not agree to undertakings as a substitute.
6. Not updating the police. Once an order is made and served, inform your local police station. Where a power of arrest is attached, the court will register it, but it is worth checking that local officers are aware so that any breach is acted upon promptly.
7. Confusing this with a restraining order. A restraining order is a criminal court order made following conviction or acquittal for a relevant offence. An FL401 order is a civil injunction. The two can coexist but they are different instruments made in different proceedings.

The Rules That Apply

• Family Law Act 1996, Part IV (sections 33–63) — the primary legislation governing non-molestation and occupation orders
• Family Law Act 1996, section 42A — makes breach of a non-molestation order a criminal offence
• Family Procedure Rules 2010, Part 10 — procedural rules for applications under Part IV of the Family Law Act 1996
• Practice Direction 10A (FPR 2010) — practice direction on without notice applications and the return hearing procedure
• A: Yes, provided you qualify as an “associated person” under the Family Law Act 1996. Persons who have had an intimate personal relationship of a significant duration are included, even if they never shared a home. The question of what constitutes “significant duration” is a matter for the court on the facts of each case. Former partners who had a brief relationship may find it harder to establish eligibility under this category, though other legal routes may be available.

  Q: How quickly can I get an order?
  A: In a genuine emergency where you are at immediate risk, a without notice order can be made on the same day you file, at courts where a duty judge is available. However, this requires the court to have capacity to deal with the application that day, your papers to be in order, and the judge to be satisfied that the without notice threshold is met. In less urgent cases with notice, you are typically looking at two to four weeks before a first hearing.

  Q: What happens if the respondent breaches the order?
  A: For a non-molestation order, breach is a criminal offence. You should report it to the police with your order and any evidence of the breach. The respondent can be arrested, charged, and prosecuted. For an occupation order, the enforcement mechanism depends on whether a power of arrest is attached. If it is, the police can arrest. If not, you need to return to the Family Court to apply for a warrant of arrest or commence committal proceedings for contempt of court.

  Q: Will I have to attend court?
  A: Yes. If your application is made without notice and an order is granted, you must attend the return hearing. If the respondent contests the order at that stage, you will need to give evidence. Preparation is essential. If you cannot attend on the listed date, apply to the court well in advance to adjourn — do not simply fail to appear.

  Q: Does an FL401 order affect my children’s contact arrangements?
  A: A non-molestation order addresses the relationship between you and the respondent. It does not automatically alter any existing child arrangements order. If contact arrangements need to change as a result of the circumstances that led to the FL401 application, that is a separate application (C100), though the two sets of proceedings can be case-managed together. The court can include provisions in an occupation order relating to children’s occupation of the property. Always consider whether you need both sets of proceedings running simultaneously.

  Related Court Forms & Guides

  • Form N260: Statement of Costs — the costs schedule used at summary assessment.
  • Form N244: Application Notice — the form for interim applications.
  • Start a Money Claim Online (OCMC) — where most civil money claims begin.
  • Particulars of Claim — setting out the basis of your claim.
  • Civil Court Forms Index — every civil court form guide in one place.

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  Frequently asked questions

  Who can apply for an order on Form FL401?

  You can apply if you are an “associated person” in relation to the respondent under the Family Law Act 1996 — for example current or former spouses, civil partners or cohabitants, relatives, parties to the same family proceedings, or people who have had an intimate personal relationship of a significant duration. If you are not an associated person, the Family Law Act route is not available, though other civil remedies such as a harassment injunction may exist.

  Is there a court fee for an FL401 application?

  The page states there is no court fee for an FL401 application, and a single FL401 can cover both a non-molestation order and an occupation order. Always check the current HMCTS position for your situation before filing.

  What does “without notice” mean and how fast can I get an order?

  A without notice (ex parte) application asks the court to act before the respondent is informed, where giving notice would risk significant harm or defeat the purpose of the application. In a genuine emergency, at courts with a duty judge procedure, an order can be considered on the day you file. The court typically lists a return hearing soon afterwards at which the respondent can attend and challenge the order — check the current timing for your case.

  What happens if the respondent breaches the order?

  Breach of a non-molestation order is a criminal offence — report it to the police with the order and any evidence. For an occupation order, enforcement depends on whether a power of arrest is attached: if it is, the police can arrest without a warrant; if not, you apply to the Family Court for a warrant of arrest or commence committal proceedings.

  Will I have to attend court?

  Yes. If your application is made without notice and an order is granted, you must attend the return hearing, and if the respondent contests it you will need to give evidence. If you cannot attend the listed date, apply to the court well in advance to adjourn rather than simply failing to appear.

  Does an FL401 order affect my children’s contact arrangements?

  A non-molestation order addresses the relationship between you and the respondent; it does not automatically alter an existing child arrangements order. If contact arrangements need to change, that is a separate application (Form C100), though the two sets of proceedings can be case-managed together.

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