Getting protection from domestic abuse — a survivor-first guide to the FL401 application

Who this is for. If you are experiencing domestic abuse and are thinking about asking a family court to protect you — by stopping the abuse (a non-molestation order) or by deciding who can live in the family home (an occupation order) — this guide is for you. It is written for England and Wales, in plain English, and from a survivor-first point of view. Your safety comes first in everything below. This guide does not give legal advice; it helps you understand your options so you can get real, specialist support.

Your safety comes first. If you are in immediate danger, call 999 now.

The abuse is not your fault. It is not acceptable, it is not a private family matter, and you do not have to "make it work" at the cost of your safety and wellbeing. You deserve support, and there is help available — every day, at any hour.

Reviewed by Sean McNamara on 2026-10-21

If you are in danger, act now — safety leaders

If you are in immediate danger, call 999 now.

Refuge National Domestic Abuse Helpline — 0808 2000 247 — free, confidential, open 24 hours a day, 7 days a week. Trained people who believe you and can help you plan your next steps. (National Domestic Abuse Helpline, run by Refuge.)
Women's Aid — national charity supporting survivors of domestic abuse, with information, live chat, a directory of local domestic-abuse services, and survivor tools. womensaid.org.uk
Emergency services: 999 in an emergency; 101 for non-emergency police matters.
The court's injunction route: the official government overview of applying for an injunction against domestic abuse is at gov.uk/injunction-domestic-violence. It tells you who can apply, which form to use, and how an injunction protects you.

Use a safe device, because monitoring is real. If the person harming you has access to your phone, tablet, laptop, or any shared account, they may be able to see your calls, your messages, and the sites you visit — including this guide. If there is any chance your device is monitored, use one you know is safe: a friend or family member's device, a library computer, a work device, or a specialist "keep safe" phone. You can also use the "cover your tracks" guidance from the National Domestic Abuse Helpline (refuge.org.uk) before you look anything up. Take your time and protect your privacy — searching for help is a courageous step, and you should be able to take it safely.

What "survivor-first" means here. You are not a "victim" who is passive; you are a survivor who has endured abuse and is taking a step to protect yourself. This guide never minimises what you have been through, and never blames you. Abuse is never the survivor's fault.

What the FL401 is, and what it asks the court to do

FL401 is the application form you use to ask the family court for either or both of two protective orders under Part IV of the Family Law Act 1996:

A non-molestation order (FL401-A). This is the important one for stopping abuse. It orders the other person not to molest you — meaning not to assault, threaten, pester, harass, or use any form of violence or intimidating behaviour against you, or against a child you are protecting. Whatever the court writes into the order is a legal boundary, and breaching a non-molestation order is a criminal offence that the police can act on — the protection is real and enforceable.
An occupation order (FL401-B). If you are being harmed, threatened, or made to feel the home is not safe, an occupation order can regulate who may live in and enter the family home — potentially requiring the other person to leave, stay a defined distance away, or set out who lives in defined areas of the home. It is a separate and often more complex type of order, and a solicitor or the legal aid gateway can advise you on whether it fits your situation.

You can apply on your own, without a solicitor ("litigant in person"), but you do not have to: this is a case where the domestic-abuse lawyer gateway may make you eligible for legal aid, and a specialist family-law solicitor or the Right of Women, Women's Aid, or Refuge can help you prepare the application strongly. The court decides each case on its own facts and in your (and any affected child's) safety first.

How an FL401 application works

You complete Form FL401, setting out what has happened, why you need protection, and the order you are asking the court to make. Two routes then exist, and a large part of your safety depends on which applies:

1. Application with notice. The other person is notified that you have applied, and they have the chance to file their own evidence and attend the hearing. The court still decides fast. This is the usual approach when the abuse has happened but you are not in immediate, severe danger. 2. Application without notice (the urgent route, below). You ask the court to make an order before the other person is told. The court decides within days, and the order is then served on them afterwards.

The key point for you: you do not need the other person's agreement to apply, and you do not need to give their consent. You apply against them, and the court decides.

The "without notice" urgent application

Where there is a real and immediate risk to you or a child, the court can hear the application without the other person being notified first, under section 45 of the Family Law Act 1996. This is available precisely so a survivor is not placed in more danger by announcing the application. The court will usually consider a without-notice order where:

There is a genuinely imminent risk of harm to you or a child — for example, they may be about to carry out a threat, or an incident could happen at any time.
The delay caused by telling them would materially increase the risk to you or a child, or
There is reason to believe they would use the notice to harm you or a child, or destroy evidence that matters to your case.

"Without notice" is not a shortcut you have to justify; it is a route for genuine, immediate urgency. If your situation is urgent, tell the court plainly why, and why warning the other person could endanger you. The court gives such orders for a short, defined period, and a later hearing (often on notice) gives the other person a chance to respond — so a "without notice" order usually does not remove the need for a fuller hearing.

A key protection: even if you apply with notice and the other person knows about it, an order once made remains enforceable — and a breach of a non-molestation order is a matter for the police (999 or 101).

What evidence the court is looking for

An FL401 is an evidence-based application: the court needs to see a clear, dated, and organised account so it can decide whether protection is justified. Collect what you have, and do not worry if it is not perfect:

A written timeline. Entries: what happened, when, where, and whether you reported it. Keep it in date order and factual, and start it now while it is fresh — memory fades, documents and records do not.
Messages, emails, and call logs. Screenshots and the actual history. Capture both the content and the date/time where you can.
Photographs — of injuries, damage, or your home environment.
Police records — a crime reference number, an incident log, or any report made to the police.
Medical records — A&E, GP, or hospital notes for any injury or for the emotional/psychological effect.
Bank or financial records — if the abuse includes financial control, showing how money was controlled.
Records from a professional you spoke to — a doctor, therapist, refuge worker, or domestic-abuse support worker who saw you or whom you told what was happening.
Testimony of anyone who witnessed something or to whom you reported it.

The court recognises many forms of abuse, not just physical violence. Under the Domestic Abuse Act 2021, abuse includes physical, emotional, psychological, sexual, economic, and coercive or controlling behaviour. You do not have to "prove" a black eye or bruise to be believed — patterns of controlling, demeaning, isolating behaviour are abuse and can be the strongest evidence of all. Never let anyone minimise what you experienced.

Protection the court can give you

Non-molestation order — orders the other person to stay away from you and your children, not to be violent or harass, and not to contact you (though the court usually leaves a practical route for genuine, child-related contact; it can also order no contact in any form with children, and can prohibit the other from approaching within a set distance).
Occupation order — can decide who lives in the home and can send someone out of the family home for a defined period.
Alongside a child arrangements case — the same FL401 route exists alongside a child arrangements dispute, and the court often links protection of you with protection and arrangements for children. Government guidance (gov.uk/injunction-domestic-violence) explains that where domestic abuse is found, the court can make orders covering both you and any child who lives with you or visits.

Additional protection that can be relevant: a stalking protection order, or a forced marriage protection order. The police may also be able to grant short-term protection (a Domestic Violence Protection Notice and Order, DVPN/DVPO) as an immediate measure. The court is there to keep you safe, and it takes survivors' protection seriously.

Practical next steps

Today: call Refuge 0808 2000 247 or visit womensaid.org.uk. If in danger, 999. Get yourself into a safe position and plan with a specialist.
Apply, but not alone if you can help it: you can apply on your own, but a local domestic-abuse service or a family-law solicitor who works with survivors can help you draft the strongest, most accurate FL401 and avoid mistakes that slow things down.
Check legal aid eligibility at gov.uk/legal-aid — the domestic-abuse gateway often covers the case even if you would not qualify for other family help.
From the official route: read the government's own explanation at gov.uk/injunction-domestic-violence so everything you see here matches the official text.

This guide offers general, survivor-first information about family-court protection orders and does not provide legal advice. It is independently written and is not affiliated with, or officially approved by, any court, government body, or the organisations it mentions. Follow the official guidance at gov.uk and the helplines above. If you are in immediate danger, call 999. If you can, speak to a specialist — Refuge (0808 2000 247) and Women's Aid are there for you, free and 24/7.

Applying for, or responding to, a non-molestation order? EvidenceCanvas is an online tool for people who represent themselves in the family court. It can help you put dates, messages and documents into a clear chronology and a draft statement for the court. You check and finish every document yourself.

It is a paid tool with monthly plans and one-off options, and a limited free plan to try it. Check the current prices on its website before you choose a plan. It is not a law firm, it does not give legal advice and it cannot tell you how your case will turn out. If you can get legal advice or legal aid, consider that first.

If you are in danger, call 999. The National Domestic Abuse Helpline is free on 0808 2000 247. If someone else can see your email or devices, do not create an account on a shared device.

Create an EvidenceCanvas account

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