FL401 — Application for a Non-Molestation Order and/or Occupation Order
Used to apply for injunctive protection under the Family Law Act 1996: either to prevent harassment/violence (non-molestation order) or to regulate occupation of the family home (occupation order).
This is a reference summary, not the official form (FL401).
Do not file this page. Always download and submit the current official form from the issuing authority.
Who uses this form
Victims of domestic abuse, harassment, or violence who are associated persons with the respondent (current or former partners, family members, cohabitees). Can be filed as a litigant in person.
When to use it
Apply urgently if you are in danger — the court can grant a without-notice (ex parte) order the same day. The order has the power of arrest attached if violence is threatened or used. Legal aid is available for domestic abuse cases.
Where to file
Family Court at any hearing centre. Urgent applications (ex parte) can be made to the duty judge. Support from IDVA (Independent Domestic Violence Advisor) is recommended.
Time limit / deadline
No minimum notice to the respondent for without-notice applications — apply immediately if at risk.
Court fee
Free.
Fee remission
No fee to apply. Legal aid is available for victims of domestic abuse — contact a legal aid solicitor.
Common mistakes to avoid
Not completing the statement of evidence in support — the court needs a detailed account of the abuse to grant the order
Not including the respondent's full address and date of birth where known — needed for service and enforcement
Failing to mention that you want the power of arrest attached — this must be explicitly requested
Not applying for legal aid before paying for private legal advice — most victims of domestic abuse qualify
Missing the section on children — if children are at risk, a C100 should be filed simultaneously
Related Guides
Related Letter Templates
Official source
Download / view form on GOV.UK or HMCTSAlways download forms directly from official government sources. Third-party copies may be outdated.