The FL401 form: a section-by-section guide
The FL401 is the application form for a non-molestation order, an occupation order, or both, in England and Wales. Filing it costs nothing. It goes to the Family Court together with a signed witness statement setting out what has happened.
The simplest option is to let us complete it. Answer our questions and we fill in the FL401 and write your statement at no charge. If you would rather tackle it yourself, the guide below walks you through it.
Download the current version from GOV.UK (search "FL401"). Section numbers sometimes change between versions, so we describe each part by what it asks rather than by its number.
Gather this first
- your full name, date of birth, and a phone number or email that is safe to use
- the other person's full name, date of birth (or approximate age) and address if you know it
- names and dates of birth of any children
- any other court cases between you – for example about the children or a divorce – with case numbers if you have them
- for an occupation order: the property address, who owns or rents it, and the name and address of the landlord or mortgage lender
- approximate dates of the key incidents
Working through the form
Which order you want
Choose non-molestation, occupation, or both. If you are unsure about the occupation order, our occupation orders page will help you decide.
Applying without notice
You will be asked whether the order should be made before the other person is told. If so, tick each reason that applies:
- you or a child risk significant harm if the order is not made straight away
- you are likely to be put off or stopped from applying if they find out
- they know about the case but are deliberately dodging service, and the delay would seriously harm your position
Back these up in your statement. See emergency non-molestation orders.
Your details
Name, date of birth, address and how to contact you. If the other person must not learn your address, leave it off the FL401 – write "confidential – see C8" and give it on form C8. The other side never receives form C8.
The respondent
Their name, date of birth and address, so the court can arrange for the papers to reach them. If you don't have a home address, give whatever you know – a workplace or where they are staying. Mention any bail conditions.
How you know each other
Tick the box describing your connection. This proves you are "associated", which is essential for a non-molestation order. See who can apply.
Children
List the children in the family, their dates of birth and who they live with – including children living with the other person if they are relevant.
Other proceedings
Note any other family cases, with the court and case number if possible, so the judge doesn't make clashing orders.
The home (only for occupation orders)
Address, who lives there, whether owned or rented, whose name it is in, and whether there is a mortgage. For an occupation order the landlord or mortgage lender has to receive a copy – the court tells you how when your case is issued.
What the order should say
Spell out exactly what you want the other person prevented from doing, for example "must not contact the applicant in any way, including via social media or other people, except through solicitors" or "must not go within 100 metres of [address]". If the address is confidential, call it "the applicant's home".
Interpreters and support at court
Say if you need an interpreter, would like the hearing in Welsh, or need measures such as a screen or separate waiting area.
Statement of truth
Signing confirms you believe the contents are true. Knowingly false statements can lead to contempt of court proceedings.
Errors that slow things down
| Error | The problem |
|---|---|
| Putting a hidden address on the FL401 | The other person receives a copy. Use form C8 instead. |
| Asking for without notice without giving reasons | The judge may list an on-notice hearing, adding delay. |
| Loose wording such as "leave me alone" | Police can only enforce precise terms – include contact methods, distances and places. |
| No statement attached | The form alone isn't evidence. Your statement makes the case. |
| No address for the respondent | The order can't be enforced until it has been served. |
| Unsigned statement of truth | The court may return your papers. |
Filing it
Most Family Court hearing centres accept the FL401 and statement by email, post or in person. If you need a hearing today, phone or email the court first and head your email URGENT – FL401 without notice. Find your court.
When we draft your papers we include instructions for your local court, how many copies are needed and what happens next.
Let us draft your court papers – free
Tell us what has been happening, in your own words. We write up your FL401 application and supporting statement at no cost, then explain how to sign them and get them to the Family Court. The court charges nothing either.