Non-molestation and occupation orders at the family court in Bohemia Road

REVIEWED BY: Sean McNamara on 2026-09-02

How this works

If you are in danger: call 999 (or 101 for non-emergency police).
National Domestic Abuse Helpline (Refuge): 0808 2000 247, 24 hours, free —
https://www.nationaldahelpline.org.uk
Safe devices: your browsing and the court's letters can be discovered. Use a device
the other person cannot access, clear your history, and consider turning off location
sharing. Email accounts known to the other party may be monitored — use a new, private
email for court correspondence.

If you need protection from a partner, ex-partner or family member, the family court can make:

  • A non-molestation order — prohibits the respondent from threatening, harassing, pestering or using violence against you. Breach is a criminal offence (arrestable without warrant) or can be dealt with as contempt of court.
  • An occupation order — sets out who may live in, or enter, the family home; it can exclude the respondent from the home and its surrounding area.

Both are applied for on form FL401 (with form C1A where children are involved). There is no court fee.

Applying without notice to the other party

Where telling the respondent first would put you at risk, the court can hear the application "without notice" (ex parte) and make an immediate interim order, with a full hearing listed within days or weeks. Bring as much evidence as you can: police references, medical records, messages, and a short chronology of incidents.

What happens after you file

1. File FL401 at the family court (in person at the counter, or by post/email where the court accepts it). 2. State clearly whether you ask for the application to be heard without notice, and why. 3. If an interim order is made, a return hearing is listed quickly; the respondent must be served. 4. Legal aid is available for protection applications regardless of your means (evidence of abuse still required).

Getting help in Bohemia Road

Related guides


General information only — not legal advice. Confirm current fees and charges on the gov.uk pages before filing. Source: gov.uk, HMCTS court data.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.

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