England & Wales
Non-Molestation Order
Family Court (Form FL401)
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Who can apply
Any 'associated person' — spouse, civil partner, cohabitant, ex-partner, family member, parent of the same child, or someone in an intimate personal relationship of significant duration.
Grounds
To prohibit the respondent from using or threatening violence, intimidating, harassing or pestering, or contacting the applicant or relevant child.
Evidence required
Sworn statement (Form FL401 + statement in support) detailing incidents with dates, locations, witnesses; police reference numbers; texts/messages, photos of injuries, medical records, third-party accounts, GP letters.
Duration
Usually 6–12 months, can be extended. Often made ex parte (without notice) where risk of significant harm.
Breach consequences
Criminal offence under s.42A Family Law Act 1996 — up to 5 years' imprisonment, fine, or both.
Legal aid
Available — domestic abuse is an exception to the means/merits gateway with appropriate evidence (police report, medical letter, refuge letter, MARAC).
Apply for this order
Download the official application forms, see where to send them, and get free advice. Forms link to the government publication page so you always get the current revision.
Download the forms
- Form FL401 — application for Non-Molestation / Occupation Order (PDF)
- Without-notice (ex parte) applications — FPR Practice Direction 18A There is no separate form for a without-notice non-molestation order. Tick the 'without notice' box on Form FL401 and file a Part 22 sworn statement explaining the urgency and risk of significant harm (FLA 1996 s.45).
- Statement in support — Part 22 FPR witness statement templateUse the Family witness statement template on our Templates page.
- Form C8 — confidential address (if you do not want the respondent to know your address)
- GOV.UK — Injunctions for domestic violence (overview)
Where to send / file
- Find your nearest Family Court (England & Wales) Use the 'Domestic abuse' filter — applications are filed at your nearest Family Court counter or by post.
- By post — to your nearest Family Court (use the court finder above) Send 3 copies: 1 for the court, 1 to be served on the respondent, 1 for you.
- Family Court e-filing — eFamily / online portal Some applications can now be filed online; otherwise post or hand-in to the Family Court counter.
- Check if you qualify for legal aid Means-tested; evidence-of-abuse requirement is satisfied by many DA indicators.
Tip: Use our Templates page for a Part 22 witness statement, position statement, chronology and Scott Schedule to attach to your application.
Underlying legislation: View the Act