Form FL401

Form FL401 is the application form used in England and Wales to ask the Family Court for a non-molestation order or an occupation order under Part IV of the Family Law Act 1996.[1][2] A non-molestation order prohibits a person from molesting an “associated person” or a relevant child; an occupation order regulates who may live in the family home and can exclude a person from it and the area around it.[3][4] The form is filed with a witness statement, there is no court fee, and where the applicant is at risk the court can make an order the same day without the respondent being told, followed by a full hearing at which the respondent can respond.[5][6][7]

Breach of a non-molestation order has been a criminal offence since 1 July 2007, carrying up to five years’ imprisonment on indictment, and the police can arrest without a warrant.[8] Legal aid for the application is within scope under paragraph 11 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, subject to a means test that the Legal Aid Agency has a discretion to waive in these cases.[9][10] In January to March 2026 there were 9,322 applications for domestic violence remedy orders and 9,867 orders made, 93 per cent of them non-molestation orders.[11] Since 27 November 2024 a Domestic Abuse Protection Order under the Domestic Abuse Act 2021 has been available as an alternative in pilot areas.[12]

Written by Jess Knauf, Director of Client Strategy at Mediate UK and Associate Member of Resolution. Reviewed by Belinda Atkins, Managing Director of Mediate UK. Last reviewed 6 September 2026; last updated 6 September 2026; next scheduled review March 2027.

Definition and purpose

The FL401 is the prescribed form for an application under Part IV of the Family Law Act 1996. GOV.UK describes its purpose as to “ask the court to make an order protecting you and any relevant child from abuse or harassment by a named person, or to prevent them living in your home”.[1] It covers both orders on one form: the applicant ticks whether a non-molestation order, an occupation order or both are sought, identifies the relationship with the respondent that makes them “associated persons”, and sets out in a supporting statement what has happened and why an order is needed.[1][5] The current version, FL401 (02.23), is published with a template supporting statement, FL401T, and in large print and easy read formats; the GOV.UK page was last updated on 16 June 2025.[1]

Part IV orders are civil protective injunctions. They do not require a criminal conviction or a police report, are decided on the balance of probabilities, and are made by the Family Court rather than the criminal courts.[2] They differ from a restraining order, which a criminal court makes on conviction or acquittal, and from a Domestic Abuse Protection Order, which can be made in criminal, family or civil proceedings and is described below.[12] The substantive law of each order, including the case law on what amounts to molestation and the balance of harm test, is on Family Law Wiki; this page describes the application.

Part IV of the Family Law Act 1996, “Family homes and domestic violence”, contains the powers. Sections 33 to 38 provide for occupation orders according to the applicant’s legal relationship to the home and to the respondent; section 42 provides for non-molestation orders; section 45 permits orders to be made without notice; section 46 deals with undertakings; section 47 with powers of arrest; and section 62 defines the “associated persons” who may apply.[2][4][3][7][13][14] Section 42A, inserted by the Domestic Violence, Crime and Victims Act 2004 with effect from 1 July 2007, made breach of a non-molestation order a criminal offence.[8]

Procedure is in Part 10 of the Family Procedure Rules 2010. Rule 10.2 requires the application to be “supported by a witness statement” and, where it is made without notice, requires the statement to give “the reasons why notice has not been given”.[15] Rule 10.3 requires personal service on the respondent “not less than 2 days before the hearing”, and provides that “an application must not be served personally by the applicant himself or herself”.[15] Rule 10.10 requires a copy of any non-molestation order, or an occupation order with a power of arrest, to be delivered to the police station for the applicant’s address with confirmation that the respondent has been served.[15]

Who can apply: associated persons

A person may apply for a non-molestation order against someone with whom they are “associated” within section 62(3) of the Act. The list covers people who are or have been married or civil partners; cohabitants or former cohabitants, meaning two people “living together as if they were a married couple or civil partners”; people who live or have lived in the same household other than as employee, tenant, lodger or boarder; relatives; people who have agreed to marry or to form a civil partnership; people who have or have had “an intimate personal relationship with each other which is or was of significant duration”; the parents of, or people with parental responsibility for, the same child; and parties to the same family proceedings.[14] The court may also make a non-molestation order of its own motion in any family proceedings “even though no such application has been made”.[3]

An occupation order is more restricted, because it affects property rights. Section 33 is available to an applicant who owns or rents the home, or who has home rights in it as a spouse or civil partner; sections 35 to 38 give shorter and more limited orders to former spouses, cohabitants and former cohabitants who have no legal entitlement to occupy.[4][2] Orders under sections 35 to 38 are limited in the first instance to six months, extendable once under sections 36 and 38 and more than once under section 35.[2] An applicant under 16 needs the permission of the High Court, and an applicant aged 16 or 17 acts through a litigation friend.[5] The child protected by an order is a “relevant child”: any child living with or reasonably expected to live with either party, any child the subject of Children Act or adoption proceedings in the case, and any other child whose interests the court considers relevant.[14]

The two orders

Non-molestation and occupation orders compared
FeatureNon-molestation order (s.42)Occupation order (ss.33 to 38)
What it doesProhibits the respondent from molesting the applicant or a relevant child, in general terms or by reference to particular acts[3]Enforces or restricts rights to occupy the home; can require the respondent to leave and exclude them from a defined area[4]
TestThe court has regard to all the circumstances including “the need to secure the health, safety and well-being” of the applicant and any relevant child[3]Housing needs and resources, financial resources, effect on health, safety and well-being, and conduct; under s.33(7) the court must make an order where the applicant or child would otherwise suffer significant harm attributable to the respondent’s conduct, unless the respondent or a child would suffer as great or greater harm[4]
Who can applyAny associated person under s.62[14]Depends on entitlement to occupy: s.33 for owners, tenants and those with home rights; ss.35 to 38 for others[4][2]
Duration“For a specified period or until further order”[3]s.33: specified period, event or further order; ss.35 to 38: up to six months, extendable[4][2]
BreachCriminal offence under s.42A, arrest without warrant, up to five years[8]Contempt of court; the court must attach a power of arrest where violence has been used or threatened unless the applicant is adequately protected without one (s.47)[2]

Applicants frequently seek both orders together, and the court can also include ancillary provisions in an occupation order about repairs, outgoings and the use of furniture.[2] The Family Law Wiki pages on the non-molestation order and occupation order set out the case law on each.

Completing and filing the form

The applicant completes the FL401 and a witness statement ending with a statement of truth. GOV.UK sets out three routes: online through CourtNav, a free service of RCJ Advice (Citizens Advice) that builds the application from the applicant’s answers; by email or post to “a court which deals with domestic abuse cases”; or in person.[5][16] Form C8 may be filed to keep the applicant’s address and telephone number confidential from the respondent.[5] Where children are involved the form asks about any existing Children Act proceedings so that the court can consider the cases together.[1]

There is no fee: EX50 lists both “Application for a non-molestation order” and “Application for an occupation order” as “No fee”, and GOV.UK states “There’s no fee when you apply”.[6][17] Once issued, the application and any without-notice order must be served personally on the respondent, and not by the applicant. Where the applicant has no solicitor a court officer may serve, or the court bailiff can be asked to serve on form D89 at no cost; a professional process server may also be used.[15][18]

Without notice applications

Section 45(1) allows the court to make an occupation or non-molestation order without the respondent having been given notice “in any case where it considers that it is just and convenient to do so”.[7] In deciding, the court must have regard to all the circumstances including any risk of significant harm to the applicant or a relevant child if the order is not made immediately, whether the applicant is likely to be deterred or prevented from pursuing the application if it is not made immediately, and whether the respondent is aware of the proceedings but is deliberately evading service.[7] Where such an order is made the court “must afford the respondent an opportunity to make representations relating to the order as soon as just and convenient at a full hearing”.[7] GOV.UK explains the practical route: “If you need protection immediately, ask for an emergency order when you apply”, and the emergency order usually lasts until the full hearing.[5]

The witness statement must state why notice has not been given.[15] Without-notice orders are common in practice; the Ministry of Justice does not publish the proportion of Part IV applications dealt with in this way.[11] Where a non-molestation order is made without notice, a criminal prosecution for breach requires proof that the respondent “was aware of the existence of the order”, which is why prompt personal service matters.[8]

The hearing and the order

The hearing is in private: “in most cases only you and the person you’re applying for an injunction against, and any legal representatives, can attend”.[18] The applicant can ask for separate waiting areas, screens or a video link, and since 21 July 2022 Part 4B of the Matrimonial and Family Proceedings Act 1984, inserted by section 65 of the Domestic Abuse Act 2021, prohibits a party from cross-examining in person a witness who is protected by an on-notice protective injunction against them, or where domestic abuse is evidenced, with the court appointing a qualified legal representative to ask the questions where necessary.[19] GOV.UK describes three possible outcomes at the return hearing: an undertaking, an interim order pending further evidence, or a final order.[18] Where the respondent contests the allegations the court may direct statements and list a contested hearing at which both parties give evidence; the general approach to disputed allegations of abuse is described on fact-finding hearing.

The order states “what the respondent can and cannot do” and “how long the order lasts for”.[18] A non-molestation order is served on the respondent and a copy delivered to the police, with confirmation of service, so that officers can act on a report of breach.[15]

Duration, variation and undertakings

A non-molestation order may be made “for a specified period or until further order”.[3] The Act sets no maximum period; the court fixes the length according to the risk, and an order may be varied or discharged on application.[3] An occupation order under section 33 may last for a specified period, until a specified event or until further order; the orders available to non-entitled applicants under sections 35 to 38 are limited to six months at a time.[4][2] Where a without-notice order is followed by a full order, the six-month periods run from the original order.[7]

Under section 46 the court “may accept an undertaking from any party to the proceedings” in any case where it has power to make an order. An undertaking is a promise to the court, “enforceable as if the court had made” the order, but no power of arrest can be attached and breach is a contempt rather than a criminal offence.[13] Since 2007 the court may not accept an undertaking instead of a non-molestation order “where the respondent has used or threatened violence” against the applicant or a relevant child and an order is necessary so that breach can be punished under section 42A.[13] Undertakings are nevertheless a frequent outcome where the respondent denies the allegations but is willing to promise not to repeat the conduct.[18]

Breach

A person who “without reasonable excuse” does anything prohibited by a non-molestation order commits an offence under section 42A, punishable on conviction on indictment by “imprisonment for a term not exceeding five years” or a fine or both, and on summary conviction by the magistrates’ court maximum.[8] The police may arrest without warrant. Conduct punished as a contempt cannot also be prosecuted, and vice versa.[8] Breach of an occupation order is dealt with as a contempt in the Family Court; where a power of arrest has been attached under section 47 the police may arrest and must bring the person before the court, which under rule 10.11 may deal with the matter at once or adjourn, in which case it “must be dealt with within 14 days” of the arrest.[2][15]

Cost and legal aid

The application is free of court fees.[6] Legal representation is a separate matter. Paragraph 11 of Part 1 of Schedule 1 to LASPO keeps within the scope of civil legal aid services in relation to “home rights, occupation orders and non-molestation orders under Part 4 of the Family Law Act 1996”, so an applicant for a Part IV order does not have to produce the domestic abuse evidence required under paragraph 12 for other family matters such as children or finances.[9][20] The means test applies, but regulation 12 of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 allows the Director of Legal Aid Casework, “if the Director considers it equitable to do so”, to disapply the income and capital eligibility limits for legal representation to obtain “an injunction or other order for protection from harm to the person”.[10] The standard limits from 6 April 2026 are gross income of £2,657 a month, disposable income of £733 a month and capital of £8,000, compiled on Legal Aid 60, an information site operated by Family Legal Ltd, the publisher of this wiki.[21][20]

The order once obtained is itself one of the accepted forms of evidence of domestic abuse for legal aid in later proceedings about children or money; the full list is on Legal Aid 60, which notes that there has been no time limit on the evidence since January 2018.[22] A person who instructs a solicitor privately pays the solicitor’s fees; a person without a lawyer can apply on the form alone, with help from the services listed at the end of this article. The general position is on legal aid.

Domestic Abuse Protection Orders

Part 3 of the Domestic Abuse Act 2021 created the Domestic Abuse Protection Notice and Domestic Abuse Protection Order, intended in time to replace the patchwork of non-molestation orders, restraining orders and the older domestic violence protection orders. The pilot began on 27 November 2024 in Greater Manchester and the London boroughs of Croydon, Sutton and Bromley, extended on 5 March 2025 to Cleveland (Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees) and on 28 April 2025 to North Wales.[12] In those areas a victim may apply to the Family Court on Form DA1 with a witness statement, and “there are no court fees for applying”; the police, third parties with permission and the criminal, family and civil courts of their own motion may also make or seek an order.[23][12]

A DAPO “has no minimum or maximum duration”, may impose positive requirements such as attendance at a behaviour change programme and electronic monitoring as well as prohibitions, and breach is a criminal offence.[12] Outside the pilot areas the FL401 remains the route to protection in the Family Court, and the GOV.UK page for the FL401 notes that applicants in the pilot areas “may be eligible to apply for a domestic abuse protection order instead”.[1] The interaction between abuse and the wider family process is on domestic abuse and family law and separation and domestic abuse.

Statistics

Applications under Part IV of the Family Law Act 1996, Family Court Statistics Quarterly
MeasureJanuary to March 2026Note
Domestic violence remedy orders applied for9,322Up 5 per cent on the same quarter in 2025[11]
Of which non-molestation orders82 per centOccupation orders 18 per cent[11]
Domestic violence remedy orders made9,867Up 5 per cent[11]
Of which non-molestation orders93 per centOccupation orders 7 per cent[11]
Court fee£0EX50, 13 July 2026[6]

The Ministry of Justice reports these applications as “domestic violence remedy orders”. The number of orders made can exceed the number of applications because one application may produce both a without-notice order and a final order, and because the court may make a non-molestation order of its own motion in other family proceedings.[11][3] The bulletin does not separate without-notice from on-notice orders, nor record undertakings or DAPOs.[11]

History

Development of Part IV applications in England and Wales
DateDevelopment
1 October 1997Part IV of the Family Law Act 1996 came into force, replacing the Domestic Violence and Matrimonial Proceedings Act 1976, the Domestic Proceedings and Magistrates’ Courts Act 1978 and the Matrimonial Homes Act 1983 with a single code of non-molestation and occupation orders[24][2]
1 July 2007Section 42A, inserted by the Domestic Violence, Crime and Victims Act 2004, made breach of a non-molestation order a criminal offence and removed the power of arrest from such orders; section 46 was amended to restrict undertakings where violence has been used or threatened[8][13]
6 April 2011The Family Procedure Rules 2010, including Part 10, came into force[15]
1 April 2013LASPO kept Part IV applications within the scope of legal aid while removing most other private family law[25][9]
21 July 2022The prohibition on cross-examination in person in family proceedings under section 65 of the Domestic Abuse Act 2021 came into force[19]
27 November 2024Domestic Abuse Protection Orders piloted in Greater Manchester and three London boroughs, extended to Cleveland in March 2025 and North Wales in April 2025[12]
16 June 2025GOV.UK page for the FL401 last updated; current form version 02.23[1]

See also

References

  1. Apply for a non-molestation or occupation order: Form FL401. HM Courts and Tribunals Service. updated 16 June 2025 (form version FL401 02.23). Accessed 5 September 2026.
  2. Family Law Act 1996, Part IV: Family homes and domestic violence. legislation.gov.uk. Accessed 5 September 2026.
  3. Family Law Act 1996, section 42: Non-molestation orders. legislation.gov.uk. Accessed 5 September 2026.
  4. Family Law Act 1996, section 33: Occupation orders where applicant has estate or interest or has home rights. legislation.gov.uk. Accessed 5 September 2026.
  5. Get an injunction if you’ve been the victim of domestic abuse: how to apply. GOV.UK. Accessed 5 September 2026.
  6. Family court fees (EX50). HM Courts and Tribunals Service. updated 13 July 2026. Accessed 5 September 2026.
  7. Family Law Act 1996, section 45: Ex parte orders. legislation.gov.uk. Accessed 5 September 2026.
  8. Family Law Act 1996, section 42A: Offence of breaching non-molestation order. legislation.gov.uk. Accessed 5 September 2026.
  9. Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1, Part 1 (paragraphs 11 and 12). legislation.gov.uk. Accessed 5 September 2026.
  10. Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013, regulation 12. legislation.gov.uk. Accessed 5 September 2026.
  11. Family Court Statistics Quarterly, January to March 2026. Ministry of Justice. 25 June 2026. Accessed 5 September 2026.
  12. Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs). Home Office. updated 28 April 2025. Accessed 5 September 2026.
  13. Family Law Act 1996, section 46: Undertakings. legislation.gov.uk. Accessed 5 September 2026.
  14. Family Law Act 1996, section 62: Meaning of ‘cohabitants’, ‘relevant child’ and ‘associated persons’. legislation.gov.uk. Accessed 5 September 2026.
  15. Family Procedure Rules 2010, Part 10: Applications under Part 4 of the Family Law Act 1996. legislation.gov.uk. Accessed 5 September 2026.
  16. CourtNav: apply for a domestic abuse injunction. RCJ Advice. Accessed 5 September 2026.
  17. Get an injunction if you’ve been the victim of domestic abuse: overview. GOV.UK. updated 2 September 2026. Accessed 5 September 2026.
  18. Get an injunction if you’ve been the victim of domestic abuse: your court hearing. GOV.UK. Accessed 5 September 2026.
  19. Domestic Abuse Act 2021, section 65: Prohibition of cross-examination in person in family proceedings. legislation.gov.uk. Accessed 5 September 2026.
  20. Legal aid: what you can get legal aid for. GOV.UK. Accessed 5 September 2026.
  21. Legal aid means test. Legal Aid 60 (Family Legal Ltd). Compiled thresholds from 6 April 2026. Accessed 5 September 2026.
  22. Evidence of domestic abuse for legal aid. Legal Aid 60 (Family Legal Ltd). Accessed 5 September 2026.
  23. Apply for a domestic abuse protection order in a family court. HM Courts and Tribunals Service. published 27 November 2024, updated 28 April 2025. Accessed 5 September 2026.
  24. The Family Law Act 1996 (Commencement No. 2) Order 1997, SI 1997/1892. legislation.gov.uk. Accessed 5 September 2026.
  25. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 6) Order 2013, SI 2013/453. legislation.gov.uk. Accessed 5 September 2026.
  26. National Domestic Abuse Helpline. Refuge. Accessed 5 September 2026.

This article is part of Family Court Wiki, published by Family Legal Ltd. It is general information about the law of England and Wales, not legal advice. Last reviewed 6 September 2026. About this site and editorial policy · Report an error.