FL401 applications step by step — non-molestation and occupation orders

REVIEWED BY: Sean McNamara on 2026-08-29

Safety first. If you are in immediate danger, call 999. Do not let the page remove

anything — your safety is the priority throughout, and nothing here replaces police

protection or speaking to a domestic-abuse service (Refuge 0808 2000 247, National

Domestic Abuse Helpline 0808 2000 247).

What the FL401 form is

The FL401 is the application form you use (on your own, without a lawyer if you wish) to ask the family court for protection from abuse by a partner, ex-partner, or a family member you live with or have lived with. You must have a "relevant family relationship" with the respondent. It covers two kinds of order and can be filed at any family court (originally in the area where you or the respondent lives).

Non-molestation vs occupation orders

Non-molestation order — stops the respondent from molesting you: threatening, harassing, using or threatening violence, intimidating, contacting you, or coming near you or your children. It is the everyday protective order most people mean by an FL401.
Occupation order — gives you the right to remain in (or return to) the family home, and/or excludes the respondent from it. It can also regulate who lives where and transfer/restrict occupation. Courts treat the home and the effect of exclusion much more seriously — occupation orders are harder to obtain and the bar is higher.

You can apply for one or both on the same FL401.

With or without notice (the "ex parte" route)

With notice — the respondent is told about the application in advance, so the court hears both sides. Fairer and more usual, but gives the respondent advance warning.
Without notice (formerly "ex parte") — you ask the court to hear the case before telling the respondent. The court will only agree if the danger is urgent or serious enough to justify it (risk of harm if they learn in advance), or if notice would frustrate the order's purpose. The order is temporary.

Your completed FL401 needs a statement/complaint form (FL401a) — the evidence saying why you need protection.

Urgent applications

For urgency, tick the box asking for the application to be dealt with without notice and explain why on the form. Judges hear urgent applications informally, often in chambers, by telephone or by consent. Stay in touch with the court; ask about how and when you'll be told the outcome. If the danger is criminal, call 999 first — police involvement also builds the evidence record.

What evidence you need

A statement setting out what has happened, with dates, and why you need the order
Photographs of injuries and damage, with dates
Messages, emails, voicemails, call logs showing threats or harassment
Medical records / GP notes of injuries; police incident numbers and call reports
Witness accounts where available
Keep everything on a safe device and keep your own safe copy

Specificity beats length — the court needs a clear, chronological account of real incidents.

What happens at the return hearing

If an order is made without notice, the court lists a return hearing at which the respondent can attend and respond (usually within 14 days). The judge:

reviews whether the order should continue, be varied, or be discharged
hears both sides (you and the respondent) and any evidence
decides final orders and any attached arrangements (e.g. power of arrest)

Bring your evidence and attend. Renew or vary letters/orders well before they lapse if protection is still needed.

Enforcement

A non-molestation order carries a power of arrest: if the respondent breaches it, police can arrest them and bring them back to court and they can be penalised (up to a maximum of 5 years` imprisonment for breach).
An occupation order does not automatically carry a power of arrest — the court may attach one if violence or threat of violence was involved.
No power of arrest? Respond to breach by applying to the court (e.g. contempt) — and call 999 if there is immediate danger.

Keep the order with you. Report every breach to the police and the court — a pattern of breaches strengthens further orders.

Keep a safe record

Log incidents with dates and witnesses, photograph injuries, keep abusive messages — on a safe and private device. Contact Refuge 0808 2000 247 or the National Domestic Abuse Helpline, and in any emergency call 999.

Official links

FL401 form and guidance: https://www.gov.uk/government/publications/form-fl401-application-for-a-non-molestation-order-or-an-occupation-order
Court fees and exemptions: https://www.gov.uk/get-help-with-court-fees (Human Rights / Re D family-law legal aid may cover FL401: check aid eligibility)
Domestic-abuse help: https://www.gov.uk/guidance/domestic-abuse-how-to-get-help

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with gov.uk or the courts.

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.

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.

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