Serving the order: making sure it counts

Reviewed 19 October 2026 · Information for England and Wales

An order that the other person doesn't know about can't protect you. Service – formally giving them the order and the court papers – is what switches the protection on. Until they have been served, or the court is satisfied they know the terms, they generally can't be convicted of breaching it.

The bundle to be served

The other person (the respondent) should receive:

• the order
• your FL401 application and witness statement, plus any exhibits
• the notice of the hearing or return date
• anything else the court tells you to include

Never include form C8, or any document revealing a confidential address.

For an occupation order, the landlord or mortgage lender of the home must also be sent a copy of the application. The court's instructions explain how.

Personal service is the rule

Non-molestation orders normally have to be served personally – handed to the other person, or left with them if they won't take it. Post, text or email isn't enough unless the court has allowed another method.

Don't serve it yourself. It puts you in danger, and the rules don't allow the applicant to serve the respondent personally.

Your options

Asking the court bailiff (form D89)

If you're representing yourself, the court's bailiffs can serve the order at no cost:

1. Complete form D89 – "request for personal service by a court bailiff" – from GOV.UK.
2. Give the bailiff everything that will help: the other person's address, a description (height, hair, usual clothing), a photograph if you have one, their car and registration number, and when they're usually home.
3. Send the D89 to the court with the order, or ask the court to treat your request as made when the order is issued.

Flag it if the case is urgent or the person is dangerous. The bailiff will confirm service to the court.

If their whereabouts are unknown

Pass on anything you know – workplace, family addresses, places they go, phone number, social media accounts. If they can't be found or are dodging service, you can ask the court for:

• an alternative method of service – for example by text, email or social media message, or by leaving the papers at a particular address – or
• in exceptional cases, an order dispensing with service altogether.

The court will want to see what attempts have already been made; a process server's report helps.

Proof: the statement of service (FL415)

The person who serves the papers completes form FL415, the statement of service, recording when, where and how it was done and how they identified the recipient. It's filed with the court and becomes key evidence if the order is broken. Keep a copy yourself.

Let the police know

Once the order has been served, check the police know about it. Courts often send a copy, but phone 101, give your local station the order details and the date of service, and make sure it's logged. Carry a copy of the order and keep a photo on your phone.

Late service

Your protection period runs from when the order was made, not when it was served – so slow service shortens the time before the return hearing. If service hasn't happened by the return date, tell the court; the judge can extend the order and set a new date.

"I didn't know about it"

Personal service backed by a statement of service is the strongest position. But a person can also be convicted of breach if they were aware of the order, even without formal service – for example if a judge told them at a hearing or the police read it to them. Make a note of anything showing they knew.

Summary

• No protection until the other person knows about the order.
• Never serve it yourself.
• Use the free court bailiff (form D89) or a process server.
• The server completes form FL415 as proof.
• Make sure the police know it has been served.