Form FL401 – Non-molestation and occupation order

What is Form FL401?

Form FL401 is the application for protective orders under the Family Law Act 1996:

Non-molestation order: Protects you from abuse and harassment. It can prohibit someone from:

Using or threatening violence against you
Intimidating, harassing, or pestering you
Contacting you
Coming near your home, workplace, or children’s school

Occupation order: Regulates who can live in the family home. It can:

Allow you to stay in the home
Exclude the abuser from the home
Decide who uses which parts of the home

You can apply for one or both orders.

Download Form FL401

Official download

Download Form FL401 (PDF): FL401_0223.pdf

GOV.UK page: Form FL401

Current version: February 2023 (FL401 02.23)

Apply using CourtNav

CourtNav is a free online tool that helps you complete your application:

Website: courtnav.org.uk (or injunction.courtnav.org.uk)

CourtNav:

Guides you through the form step by step
Helps you write your statement
Connects you with legal advisers
Submits the application for you

This is often easier than completing the paper form.

Free of charge

There’s no court fee for applying for a non-molestation order or occupation order.

Who can apply?

You can apply if you’re an “associated person” with the abuser. This includes:

Current or former spouse or civil partner
Current or former partner (including same-sex relationships)
Relatives (parents, siblings, in-laws, etc.)
Parents of the same child
People who live or have lived together
People who have agreed to marry

You can also apply on behalf of a child.

Emergency (without notice) applications

If you need immediate protection, you can ask for an order without notice – meaning the court can make a temporary order without the abuser being told in advance.

The court will consider a without notice order if:

There’s a risk of significant harm if you wait
You or a child would be deterred from applying if the abuser knew
The abuser is evading service

If granted, a full hearing will be held within about 14 days where the abuser can respond.

Completing Form FL401

Section 1: Type of order

Select what you’re applying for:

Non-molestation order
Occupation order
Both

Indicate if you want a without notice (emergency) order.

Section 2: Your details

Provide your:

Full name
Address (can be kept confidential if needed)
Date of birth
Contact details

Keeping your address private

If you don’t want your address shared with the abuser, tick the confidentiality box. Your address will be kept from the abuser but known to the court.

Section 3: Respondent details

Details of the person you want the order against:

Full name
Address
Date of birth (if known)

Section 4: Your relationship

Explain your relationship to the respondent:

How you know each other
How long you’ve been together
Whether you live/lived together

Section 5: Children

Details of any relevant children:

Names and dates of birth
Who they live with
Any court orders about them

Section 6: The home (for occupation orders)

If applying for an occupation order:

Address of the property
Who owns it
Who is on the tenancy/mortgage
Current living arrangements

Section 7: What happened

This is the most important section. Describe:

The abuse you’ve experienced
Specific incidents (with dates)
Impact on you and any children
Why you need protection now

Be specific and factual. Include details like:

What was said or done
When and where it happened
Any injuries caused
Police involvement

Section 8: What orders you want

Specify what you want the order to include:

Non-molestation order:

No contact of any kind
Must not come within X metres of your home
Must not contact you through others
Specific prohibitions

Occupation order:

Must leave the home
Must stay away from the home
Regulation of who uses which parts

Section 9: Why without notice (if applicable)

If requesting emergency without notice order, explain:

Why you can’t wait
The risk if you wait
Why normal notice isn’t appropriate

Supporting statement

You must also provide a witness statement explaining everything in detail. The FL401 includes a template, or you can write your own.

Statement of truth

Sign confirming the information is true.

Evidence to include

Gather any evidence you have:

Photos of injuries
Threatening messages (texts, emails, social media)
Police reports and crime reference numbers
Medical records
Witness statements
Previous court orders

You don’t need evidence to apply, but it strengthens your case.

Where to submit

Online: Via CourtNav

In person: Take to your local family court

By post: Send to your local family court (find address at gov.uk/find-court-tribunal)

What happens next

If without notice:

Court reviews urgently (often same day)
Temporary order granted if appropriate
Full hearing within ~14 days
Both parties attend
Decision on whether order continues

With notice:

Court processes application
Hearing date set (usually within weeks)
Papers served on respondent
Hearing – both parties attend
Judge decides whether to make order

If the order is granted