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.
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.
- 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.
Sworn statement
A witness statement supporting the application, exhibiting any evidence (text messages, photos of injuries, police logs, medical records).
- 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.
- Non-molestation order continued
- Occupation order made
- Undertakings accepted in place of order