What is an FL401?

Written by Nikkie Gilbert, McKenzie Friend and IDVA · Updated October 2026

If you are in immediate danger, call 999. If you can't speak, stay on the line and press 55. The National Domestic Abuse Helpline is free and open 24/7 on 0808 2000 247.

The FL401 is the form you use to ask the family court for protection from domestic abuse. It's used to apply for two kinds of order.

Non-molestation order

This orders the other person not to use or threaten violence, or to intimidate, harass or pester you (or your children). It can also stop them contacting you or coming near your home. Breaking a non-molestation order is a criminal offence.

Occupation order

This decides who can live in the family home, or part of it. It can require the other person to leave or stay away from the area around the home.

Who can apply?

You must be "associated" with the other person — for example a current or former partner or spouse, someone you live or have lived with, or a family member. If you're not sure, ask us or a solicitor.

Is there a fee?

There is no court fee to apply for a non-molestation or occupation order. You may also be eligible for legal aid; it's worth checking.

What do I need to include?

• The completed FL401 form
• A witness statement explaining what has happened, focusing on the most recent and most serious incidents, with dates where you can
• Any evidence you have, such as messages or photos (keep copies somewhere safe)

Urgent applications

If you need protection quickly, you can ask the court to hear your application without notice — meaning the other person isn't told beforehand. If the court grants an order, there will usually be a further hearing where they can respond.

Safety at court

You can ask for special measures, such as a separate waiting room, screens in the courtroom or giving evidence by video link, so you don't have to face the other person.

How we can help

With 17 years as an Independent Domestic Violence Advisor, including 7 years as a Court IDVA, Nikkie has supported many people through FL401 applications. We can help you complete the form and witness statement, prepare for the hearing and be beside you on the day. Our fixed fee for FL401 help is £125. See our IDVA support.

Common questions

How quickly can I get a non-molestation order?

If it is urgent, you can ask for a without-notice hearing, which can sometimes be the same or next day.

Will the other person know I have applied?

Not beforehand if the court hears it without notice. They will be served with any order made and can respond at a later hearing.

Can I apply online?

Yes, you can apply online or by post. Choose whichever feels safest for you.

Please note: we provide non-legal support only and do not give legal advice. This page is general information, not advice about your case. Court procedures and fees change; always check the latest on GOV.UK (opens in a new tab).