England & Wales
Occupation 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
Associated persons under the Family Law Act 1996. Sections used depend on whether applicant has property rights (s.33), is a former cohabitant (s.36), etc.
Grounds
Regulates who lives in the family home. The 'balance of harm test' (s.33(7)) requires the court to make an order if applicant or child is likely to suffer significant harm if no order is made, unless respondent or child would suffer greater harm.
Evidence required
Evidence of abuse, housing needs of both parties and children, financial resources, alternative accommodation availability, impact on children's schooling.
Duration
Typically 6 months, renewable. Considered more serious than non-molestation as it can exclude someone from their home.
Breach consequences
Not automatically a criminal offence — but a power of arrest can be attached (s.47). Breach with power of arrest = arrest and contempt of court.
Legal aid
Available with domestic abuse evidence.
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) Complete the Occupation Order section.
- Without-notice (ex parte) applications — FPR Practice Direction 18A No separate form. Tick the 'without notice' box on FL401 and file a Part 22 sworn statement explaining urgency and risk of significant harm (FLA 1996 s.45).
- Form C8 — confidential address
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.
- 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