Who is eligible to apply for a non-molestation order?

You can apply for a non-molestation order if you are experiencing domestic abuse from an 'associated person'. This includes spouses, partners, family members, cohabitants, or ex-partners. The application is free, and legal aid is available without a means test for domestic abuse cases.

How do I decide whether to apply urgently or on notice?

If the risk is imminent, you can apply 'without notice' (ex parte), meaning the respondent is not told until after the order is granted. Otherwise, the application is made on notice with a return hearing. Courts handle applications urgently, even if there has been a delay due to fear.

What documents do I need to submit with my application?

You must complete Form FL401, which is free. You should detail the relationship, the specific abuse alleged with dates, places, and witnesses, and the order sought. You must also provide a sworn witness statement exhibiting evidence such as text messages, photos of injuries, police logs, or medical records.

How quickly will I get a hearing if I apply without notice?

If you apply without notice, the hearing usually takes place the same day or the next working day. The judge can grant the order immediately, typically valid for six months to one year. The order must then be personally served on the respondent.

What happens at the return hearing?

At the return hearing, the respondent has the opportunity to contest the order. The court may choose to continue the order, vary its terms, or discharge it entirely. Alternatively, the court might accept undertakings from the respondent in place of a formal order.

All Legal Journeys

Family Law

England & Wales

6 stages

Emergency hearing same day or within days; final order within 4–8 weeks

Reviewed 2026-05-21

Non-Molestation Order Application Journey

Family Court applications for non-molestation and occupation orders under the Family Law Act 1996 — from emergency application to final order.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

Who Uses This Journey

Anyone experiencing domestic abuse from an 'associated person' (spouse, partner, family member, cohabitant, ex). Free, no court fee, legal aid available without means test for domestic abuse cases.

Stage-by-Stage Timeline

Decide if emergency or not

If risk is imminent, apply 'without notice' (ex parte) — the respondent is not told until after the order is granted. Otherwise, on notice with a return hearing.

Common Mistakes to Avoid

Delaying out of fear — courts deal with these urgently

Complete Form FL401

Set out the relationship, the abuse alleged (be specific with dates, places, witnesses), and the order sought.

Fee: Free

Forms at This Stage

FL401

Sworn statement

A witness statement supporting the application, exhibiting any evidence (text messages, photos of injuries, police logs, medical records).

Evidence Needed

Witness statement
Police logs
Medical records
Photos of injuries
Text/email messages

Emergency hearing

If applying without notice, hearing usually same day or next working day. Judge can grant a non-molestation order immediately, valid for a set period (typically 6 months to 1 year).

Service on respondent

Order must be personally served on the respondent. A power of arrest is normally attached — breach of a non-molestation order is a criminal offence (Family Law Act 1996, s.42A) carrying up to 5 years' imprisonment.

Return hearing

Respondent has the opportunity to contest. Court may continue the order, vary it, or discharge it.

Possible Outcomes

Non-molestation order continued
Occupation order made
Undertakings accepted in place of order

Official Sources

Form FL401 Family Law Act 1996 Part IV Refuge — domestic abuse helpline

Frequently asked questions

Who is eligible to apply for a non-molestation order?: You can apply for a non-molestation order if you are experiencing domestic abuse from an 'associated person'. This includes spouses, partners, family members, cohabitants, or ex-partners. The application is free, and legal aid is available without a means test for domestic abuse cases.
How do I decide whether to apply urgently or on notice?: If the risk is imminent, you can apply 'without notice' (ex parte), meaning the respondent is not told until after the order is granted. Otherwise, the application is made on notice with a return hearing. Courts handle applications urgently, even if there has been a delay due to fear.
What documents do I need to submit with my application?: You must complete Form FL401, which is free. You should detail the relationship, the specific abuse alleged with dates, places, and witnesses, and the order sought. You must also provide a sworn witness statement exhibiting evidence such as text messages, photos of injuries, police logs, or medical records.
How quickly will I get a hearing if I apply without notice?: If you apply without notice, the hearing usually takes place the same day or the next working day. The judge can grant the order immediately, typically valid for six months to one year. The order must then be personally served on the respondent.
What happens at the return hearing?: At the return hearing, the respondent has the opportunity to contest the order. The court may choose to continue the order, vary its terms, or discharge it entirely. Alternatively, the court might accept undertakings from the respondent in place of a formal order.