How to apply for a non-molestation order in 8 steps

Reviewed 19 October 2026 · Information for England and Wales

To apply, you send the Family Court form FL401 together with a witness statement. There's no fee, no solicitor is required, and if you are in danger a judge can make an order the same day without warning the other person first.

1. Check you can apply

You must be "associated" with the person – under section 62 of the Family Law Act 1996 that includes:

• a current or former husband, wife or civil partner
• a current or former partner you lived with
• someone with whom you had an intimate relationship of significant duration, even without living together
• a relative – parent, child, sibling, aunt, uncle, cousin, in-law and so on
• someone you live or lived with, except as a lodger, tenant or employee
• your child's other parent
• someone you were engaged to (within three years of it ending)

For a neighbour or stranger, you'll need a different route such as a harassment injunction or the police – see protection orders explained.

2. Choose your order(s)

• Non-molestation order – stops violence or threats, harassment, intimidation, pestering and contact, and can keep the person away from your home.
• Occupation order – decides who lives in the home and can exclude the abuser. See occupation orders.

Both can be requested on one FL401.

3. Complete form FL401

Download it free from GOV.UK. It covers your details and the other person's, your relationship, children, whether you want the order without notice, the home (for an occupation order) and what you want the order to say. Our FL401 guide goes section by section.

4. Write your statement

The judge relies mostly on this. Cover:

• how the relationship started
• the latest incident – what happened, when and where
• the worst incidents, in order
• any police involvement or evidence
• why you need protection now
• for urgent cases, why the court shouldn't tell the other person first

Finish with a signed, dated statement of truth. See the witness statement example.

5. Keep your address private (form C8)

If the other person mustn't know your address, phone or email, write "confidential" in those boxes on the FL401 and put the details on form C8, which the court keeps private.

6. Send it to the Family Court

Email, post or hand in the FL401, statement and any C8 at a family court that handles domestic abuse cases. Find the court near you. No fee.

Prefer to do it online? See applying online – our questionnaire takes about 20–30 minutes and we prepare the papers.

7. The hearing

• Without notice (urgent): a judge may look at it the same or the next working day, often by phone or video. If granted, a temporary order is made and a return hearing set a week or two later. See emergency orders.
• On notice: the other person is told first and both of you can attend.

You can request a separate waiting room, screens or a video link – see the return hearing guide.

8. Serve the order

The order only takes effect once the other person knows about it, normally by being handed a copy. Don't do it yourself – ask the court bailiff (free) or a process server. See serving the order.

After that, breaching the order is a crime with up to five years in prison. Call 999 if it happens – see if the order is broken.

How long does it take?

• Urgent orders: often the same day or within a few days.
• On notice: usually several weeks, depending on the court.

Orders commonly last 6 to 12 months and can be extended – see how long it lasts.

Summary

• FL401 plus a witness statement, and form C8 if your address is private.
• No court fee and no solicitor needed.
• Same-day orders are possible in an emergency.
• The order must be served before it can be enforced.
• Legal aid may pay for a solicitor – see legal aid for domestic abuse.