How to Apply for a Non‑molestation Order in the UK (FL401), 2026 Guide

If you need to know how to apply for a non‑molestation order, you are likely facing a frightening situation and searching for clear, immediate guidance. A non‑molestation order is an injunction issued by the Family Court under Part IV of the Family Law Act 1996 that prohibits a named person from using or threatening violence, intimidating, harassing or pestering you. This 2026 guide walks through every stage of the process, from completing the FL401 form and gathering evidence, to emergency without‑notice applications, service, hearings and enforcement of breaches. Whether you are applying through a solicitor or representing yourself, the step‑by‑step framework below covers costs, timelines and practical safety measures current as of 22 May 2026.

If you are in immediate danger, call 999 now. For urgent legal help obtaining an emergency non‑molestation order, contact the National Centre for Domestic Violence (NCDV) on 0800 970 2070. The National Domestic Abuse Helpline is available 24 hours on 0808 2000 247.

Quick Checklist: Can You Apply and What You Need Right Now

Immediate Safety Steps

Before starting any paperwork, make sure you and any children are safe. If an incident is happening or has just happened:

1. Call 999 if there is an immediate risk of harm.
2. Call 101 to report a non‑emergency incident to the police and obtain a crime reference number, this becomes key evidence.
3. Contact a helpline: the National Domestic Abuse Helpline (0808 2000 247) or Men’s Advice Line (0808 801 0327) can provide safety planning and signpost to local refuges.
4. Preserve evidence immediately: screenshot messages, photograph injuries, and note dates, times and any witnesses.

Quick Documents Checklist

Gather the following before approaching a solicitor or the court:

• Photo identification (passport, driving licence).
• Proof of address (utility bill, bank statement).
• Incident notes: a chronological list of abusive incidents with dates, times, locations and any witnesses.
• Police crime reference numbers for any reported incidents.
• Any existing court orders (child arrangements orders, previous injunctions).
• Medical evidence: GP letters, A&E records, photographs of injuries.

Who Can Apply for a Non‑Molestation Order and on What Grounds

Under sections 42 and 62 of the Family Law Act 1996, you can apply for a non‑molestation order if you are an “associated person” in relation to the respondent. The definition of association is deliberately broad and covers:

• Current or former spouses and civil partners.
• Current or former cohabitants.
• People who live or have lived in the same household (other than as employees, tenants, lodgers or boarders).
• Relatives, including parents, siblings, grandparents, aunts, uncles and in‑laws.
• People who have agreed to marry or enter a civil partnership (even if the engagement ended).
• Parents of the same child or people who have parental responsibility for the same child.
• People in an intimate personal relationship of significant duration, this can include non‑cohabiting partners.

The court must consider all the circumstances, including the need to secure the health, safety and well‑being of the applicant and any relevant child. There is no requirement to prove that violence has already occurred, threats, intimidation, harassment and controlling behaviour all constitute grounds for the order. Industry observers expect that the courts will continue to apply this threshold purposively, particularly in cases involving coercive control.

The FL401 Form and Supporting Documents

What Is the FL401 Form?

Form FL401 is the official application form used to apply for a non‑molestation order (and, where relevant, an occupation order) in the Family Court. It is published by HM Courts & Tribunals Service and is available to download from GOV.UK. The FL401 PDF includes guidance notes that explain how to complete each section. For a non‑molestation order application, you will need to prepare three copies of the completed form, one for the court, one for you, and one to be served on the respondent.

How to Fill in the FL401, Key Fields to Prioritise

The form requires the following core information:

1. Your details, full name, address and date of birth. If you fear the respondent discovering your address, complete a separate Form C8 (confidential address form) and the court will withhold your address from the respondent.
2. The respondent’s details, full name, date of birth (if known) and address.
3. Your relationship to the respondent, tick the relevant “association” category.
4. The order(s) you are applying for, tick “non‑molestation order” and, if applicable, “occupation order.”
5. Whether you are asking for a without‑notice (emergency) hearing, if yes, explain why in the supporting statement.
6. Details of any children who are relevant to the proceedings.

Supporting Statement: Structure, Chronology and Exhibit Strategy

The FL401 form itself is relatively short. The real substance of your application lives in the sworn statement (also called the applicant’s statement or witness statement) that you attach. A well‑structured statement significantly strengthens your case. Practitioners recommend the following approach:

• Begin with context: briefly describe your relationship with the respondent, how long you have been associated and your living arrangements.
• Present incidents in chronological order: each incident should have a date (or approximate date), location, what happened, any witnesses present and any injuries or damage.
• Reference exhibits: label each piece of supporting evidence (Exhibit A, Exhibit B, etc.) and refer to it at the relevant point in your statement.
• State the impact on you and any children: describe fear, anxiety, disruption to daily life and any safeguarding concerns.
• If seeking a without‑notice order: explain why notice to the respondent would put you or a child at risk of significant harm.

Evidence Checklist: What Evidence Do You Need for a Non‑Molestation Order

Even if you do not have all of these, an application can still succeed. A clear, honest and detailed statement from you is itself evidence. The court assesses the totality of what is placed before it.

Types of Application: Emergency Non‑Molestation Order (Without‑Notice) vs On‑Notice

Without‑Notice (Ex‑Parte) Applications

A without‑notice application means the respondent is not told about the hearing in advance. This is the route to an emergency non‑molestation order and is appropriate when:

• There is a risk of significant harm to you or a child if the respondent is given notice.
• The respondent is likely to be deterred from the behaviour only by the immediate imposition of a court order.
• You believe the respondent would evade service or escalate the abuse if forewarned.

The judge will scrutinise your evidence carefully. You must demonstrate that the matter is genuinely urgent and that giving notice would defeat the purpose of the order. If satisfied, the judge can grant an interim non‑molestation order at the without‑notice hearing, often on the same day or the following day. A return hearing will then be listed, typically within 14 days, at which the respondent can attend and contest the order.

Important: If you are in immediate danger, ask for a without‑notice order. You must show a real risk of significant harm now, not at some indeterminate point in the future.

On‑Notice Applications

An on‑notice application means the respondent receives a copy of your application and is given an opportunity to attend a hearing and respond. This is the standard route when the situation, while serious, does not require emergency relief. The court will list a hearing, the likely practical effect will be a wait of several weeks, depending on court availability. At that hearing, the judge considers both parties’ evidence before deciding whether to grant the order.

How a Judge Decides Whether to Grant a Without‑Notice Order

Judicial decision‑making on without‑notice applications focuses on three key factors:

1. Immediacy of risk: Is there a present danger of harm, or has the most recent incident occurred so recently that the risk remains live?
2. Proportionality: Would it be just to make an order without giving the respondent an opportunity to be heard?
3. Adequacy of evidence: Is there sufficient material, even if one‑sided, to justify interim protection?

Early indications suggest that courts remain willing to grant without‑notice relief where the evidence is compelling, particularly in cases involving recent physical violence or explicit threats. The key is presenting a focused, well‑evidenced statement rather than a lengthy narrative.

Filing, Submission and Service of the Non‑Molestation Order

Where and How to File

You file your completed FL401, supporting statement and exhibits at your local Family Court. Check the GOV.UK FL401 page for guidance on which court to use. As noted in the FL401 PDF guidance notes, you should prepare three copies of the application for a non‑molestation order. Some courts accept applications by email or through their document upload portals, contact your local court office to confirm whether you can apply for a non‑molestation order online or by electronic submission.

Serving the Order: Court Bailiffs, Police and Form D89

Once the court grants the order, it must be served on the respondent, meaning the respondent must be given a copy of the order so that any breach is enforceable. Service methods include:

• Court bailiff / county court bailiff: You can request the court to arrange service. A bailiff fee may apply.
• Process server: A professional process server can serve the documents personally on the respondent.
• Personal service by a third party: Any person aged 18 or over (other than you) can serve the order, though this should only be considered where safe.
• Police involvement: While police officers do not routinely serve civil court orders, in urgent situations, for example, when the respondent is arrested, the police can assist by ensuring the respondent is made aware of the order. The NCDV can help coordinate police notification.

Once the order has been served, a statement of service (Form D89) should be filed with the court confirming the date, time and method of service.

Practical Checklist for Safe Service

• Do not serve the order yourself, this could place you at risk.
• Request that the court arrange service through a bailiff if you have no alternative.
• If using a professional process server, ensure they provide a signed certificate of service.
• Keep a copy of everything filed, including the statement of service.

Hearings, Attendance and What to Expect

What Happens at the First Hearing

At a without‑notice hearing, the judge will review your application and statement, and may ask questions. If satisfied, the judge will make an interim order and list a return date. At an on‑notice first hearing, both parties attend and the judge considers whether to make the order, adjourn for further evidence, or dismiss the application.

Do You Have to Attend Court for a Non‑Molestation Order?

For a without‑notice hearing, some courts may deal with the application on paper or by telephone, meaning you may not need to attend in person for the initial emergency order. However, you will need to attend the return hearing (in person or via remote video link) so the court can hear from both parties. If an on‑notice hearing is listed from the outset, you should attend or ensure your legal representative is present.

Children, Special Measures and Safe Participation

If you are concerned about encountering the respondent at court, you can request special measures. These include:

• Separate entrances and waiting areas at the court building.
• Screens so you do not have to see the respondent in the courtroom.
• Giving evidence by live video link from a separate room.
• A McKenzie Friend or support worker sitting with you in the courtroom.

If children are involved, the court will consider their welfare and may request a Cafcass officer’s involvement if the proceedings overlap with child arrangements.

Enforcement and Breaches of a Non‑Molestation Order

What Constitutes a Breach?

Breaching a non‑molestation order without reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996. This means the police have the power to arrest the respondent. A breach can also be treated as a civil contempt of court. In practice, most breaches are dealt with through the criminal route because of the power of arrest.

Immediate Steps If the Respondent Breaches the Order

1. Call 999 if you are in danger, or 101 to report the breach.
2. Tell the police that you have a non‑molestation order in force and give them the order reference number.
3. Record the details of the breach: date, time, what the respondent did or said, and any witnesses.
4. Preserve evidence, screenshot messages, photograph any damage and keep a log.
5. Contact your solicitor or the NCDV to discuss returning to court for further protection if needed.

Sanctions, Consequences and Enforcement Pathways

How Much Does a Non‑Molestation Order Cost in the UK, Costs, Legal Aid and Alternatives

Court Fees

As of 22 May 2026, there is no court fee for making an application for a non‑molestation order under Part IV of the Family Law Act 1996. This fee exemption applies whether you apply with or without a solicitor. Court bailiff service fees may apply separately if you ask the court to arrange service of the order on the respondent.

Legal Aid

Domestic abuse cases are a priority category for legal aid. If you are eligible on financial grounds and can provide evidence of domestic abuse (such as a police report, medical evidence, or a letter from a support service), you may qualify for legal aid to cover solicitor costs. Contact the Civil Legal Advice helpline (0345 345 4345) to check eligibility, or ask a legal aid solicitor directly.

Alternatives and Support Services

• NCDV, a free, fast emergency injunction service that can help you obtain a non‑molestation order, often within 24 hours.
• Women’s Aid, local support services, refuges and advocacy.
• Men’s Advice Line, support for male victims of domestic abuse.
• Local solicitors, many family law firms offer emergency appointments. You can find a family lawyer through the Global Law Experts directory.

After the Order: Duration, Variation and Ongoing Safety

A non‑molestation order can last for a specified period or until further order of the court. There is no fixed maximum duration, the judge sets the term based on the circumstances. Orders commonly run for 6 to 12 months, though longer periods are granted where appropriate.

Either party can apply to the court to vary (change the terms of) or discharge (cancel) the order. If your circumstances change, for example, the respondent escalates their behaviour or you need to adjust the conditions, you can return to court to seek a variation.

After the order is granted, continue to:

• Keep a certified copy of the order with you at all times.
• Give a copy to your local police station so it is on their records.
• Maintain a log of any contact or attempted contact by the respondent.
• Update your safety plan with the help of a support service.

Further Help: Who to Contact and Next Steps

If you need help understanding how to apply for a non‑molestation order or want to find a qualified family lawyer, the following resources are available:

• National Centre for Domestic Violence (NCDV), 0800 970 2070 (free emergency injunction service).
• National Domestic Abuse Helpline, 0808 2000 247 (24‑hour freephone).
• Men’s Advice Line, 0808 801 0327.
• Global Law Experts Lawyer Directory, search for family law specialists in your area.
• Join Global Law Experts, for legal professionals seeking to list their practice.

For related family law guidance, you may also find these resources helpful: marriage attestation in the UAE, family reunification in Portugal (2026), and guidance on divorce procedures when one party is abroad.

Conclusion

Knowing how to apply for a non‑molestation order can be the first step toward safety. Start by ensuring you and any children are out of immediate danger, then gather your evidence, complete the FL401 form and file it at your local Family Court. If the situation is urgent, request a without‑notice hearing or contact the NCDV for same‑day assistance. Remember that there is no court fee, legal aid is available for domestic abuse cases, and breach of the order is a criminal offence, meaning the police can act swiftly to protect you. If you need professional legal support, search the Global Law Experts directory to find a qualified family lawyer in your area.

Sources

1. GOV.UK, Apply for a non‑molestation or occupation order: FL401
2. GOV.UK, FL401 PDF (official form)
3. Family Law Act 1996 (legislation.gov.uk)
4. National Centre for Domestic Violence (NCDV)
5. Men’s Advice Line, Non‑Molestation Orders
6. Women’s Aid
7. Becket Chambers, Applications for Non‑Molestation Orders
8. National Domestic Abuse Helpline