Applying on your own, without a solicitor

Reviewed 19 October 2026 · Information for England and Wales

You can. Anyone can apply for a non-molestation or occupation order without a solicitor – the court calls you a litigant in person. There's no fee, the form is designed for the public, and family judges regularly help people who represent themselves.

Why so many people go it alone

• It costs nothing. The FL401 carries no court fee.
• It's fast. In an emergency you can apply the same day rather than waiting for an appointment.
• Legal aid isn't available to everyone, and private solicitors can cost hundreds or thousands of pounds.
• It's manageable. You need one form (FL401), a witness statement, and sometimes form C8 to keep your address private.

What you'll be doing

1. Completing the FL401 – see our FL401 guide.
2. Writing a witness statement setting out what has happened – see our witness statement example.
3. Sending them to the Family Court by email, post or in person – find your court.
4. Attending a short hearing, often by phone or video, where the judge may ask some questions.
5. Getting the order served – the court bailiff can do it for free. See serving the order.
6. Attending the return hearing if your order was made without notice.

We handle steps 1 and 2 for you free, prepare any C8, and give you written guidance for steps 3 to 6. Get started.

Legal aid: a solicitor at no cost

Legal aid covers non-molestation and occupation orders. If you qualify, a legal aid solicitor can do everything, including representing you at court, free.

• The means test. Legal aid is usually means-tested. If you receive certain benefits – such as Universal Credit, income-based Jobseeker's Allowance, income-related ESA, Income Support or Guarantee Credit – you are normally financially eligible.
• More flexibility for domestic abuse injunctions. The Legal Aid Agency can waive the usual upper limits on income and savings for these applications, though you might pay a contribution. Don't assume you won't qualify – ask.
• The merits test. The solicitor checks your case has a reasonable chance of success.

Our questionnaire includes a quick legal aid check and we'll tell you if you might qualify. You can also search GOV.UK's "Find a legal aid adviser". More in our legal aid guide.

When a solicitor really helps

Representing yourself is common, but professional help is valuable when:

• the other person contests the order and there's a hearing with cross-examination
• you need a complicated occupation order, for example over a jointly owned home
• there are related children proceedings or a divorce
• the other person has a lawyer
• you have additional needs that make court especially difficult

Even then, you can make the urgent application yourself to get protection quickly, then bring in a solicitor for later hearings.

Protections at court

Family courts must make sure people who have experienced domestic abuse can take part safely. You can ask for:

• a separate waiting area, and different arrival and leaving times
• screens so you don't have to see the other person
• a video link for giving evidence
• a free interpreter
• a McKenzie Friend or support worker beside you (with the judge's permission)

If you are an alleged victim, the other person can't cross-examine you themselves – the court can appoint a qualified lawyer to ask the questions instead, under the Domestic Abuse Act 2021.

Tell us about your needs on the form and we'll include them in your papers.

Hearing tips

• Re-read your statement the night before – the judge will have read it.
• Bring copies of everything you sent, plus your evidence.
• Keep it short and factual: what happened, when, and why you need protection now.
• Ask for what you want: "I ask for a non-molestation order for 12 months, including no contact and not coming within 100 metres of my home."
• Address the judge as "Sir" or "Madam" (or "Judge" for a District Judge on a remote hearing). It doesn't matter if you get it wrong.
• Ask if you don't understand something – that's expected.

If the other person has a lawyer

You can still represent yourself, and the judge will make sure the hearing is fair. If they offer an undertaking (a promise) instead of an order, you don't have to accept it on the spot – ask for time to think, and read our return hearing guide.

Summary

• No solicitor needed for a non-molestation order.
• No court fee.
• Legal aid may cover a solicitor – worth checking even if you work.
• Free help like ours can draft your papers properly.
• Ask for protections such as screens and video links.