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Free Form FL401 Non-Molestation Order Application Template
Form FL401 is the United Kingdom application form for protection from domestic abuse — a non-molestation order under section 42 of the Family Law Act 1996 and/or an occupation order under sections 33, 35, 36, 37 or 38 of the same Act. Our free UK template builds a structured FL401 application the Family Court can list urgently — Applicant identification with optional FPR r.29.1 address confidentiality, the section 62(3) associated-persons connection, the order sought, the brief abuse narrative, the without-notice request and the four Expert clauses that map the Applicant's case to the Domestic Abuse Act 2021 statutory definition, the balance of harm test, the without-notice statutory test and the power of arrest framework.
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Form FL401 — Application for Non-Molestation / Occupation Order
Family Law Act 1996 Part IV · Family Court At Bristol · 12 June 2026
TO: The Family Court at Bristol
BY: Rebecca Anne Holdsworth — Applicant; applying against Mark Christopher Holdsworth — Respondent.
RE: Application for both a non-molestation order under section 42 and an occupation order, together with the attachment of a power of arrest under section 42A of the Family Law Act 1996 on the basis that the Respondent has used or threatened violence against the Applicant or a relevant child.
The Applicant is a spouse or civil partner of the Respondent — section 62(3)(a) of the Family Law Act 1996. The application is filed via paper filing in person at the Family Court counter — recommended for urgent without-notice applications where the court hearing is required on the same day. This is a without-notice (ex parte) application under section 45 of the Family Law Act 1996 — the Applicant respectfully invites the court to hear the application without first giving notice of it to the Respondent for the reasons set out below.
BY: Rebecca Anne Holdsworth — Applicant; applying against Mark Christopher Holdsworth — Respondent.
RE: Application for both a non-molestation order under section 42 and an occupation order, together with the attachment of a power of arrest under section 42A of the Family Law Act 1996 on the basis that the Respondent has used or threatened violence against the Applicant or a relevant child.
The Applicant is a spouse or civil partner of the Respondent — section 62(3)(a) of the Family Law Act 1996. The application is filed via paper filing in person at the Family Court counter — recommended for urgent without-notice applications where the court hearing is required on the same day. This is a without-notice (ex parte) application under section 45 of the Family Law Act 1996 — the Applicant respectfully invites the court to hear the application without first giving notice of it to the Respondent for the reasons set out below.
1. APPLICANT IDENTIFICATION
| FULL NAME | Rebecca Anne Holdsworth |
| DATE OF BIRTH | 23 April 1991 |
| ADDRESS | Confidential — Form C8 enclosed (FPR 2010 r.29.1) |
| SERVICE ADDRESS | c/o Holloway Family Law, 4 Whiteladies Road, Clifton, Bristol BS8 1NN |
| TELEPHONE | 07861 442 015 |
| rebecca.holdsworth@hollowaylaw.co.uk | |
| SOLICITOR | Jasmine Holloway, Holloway Family Law, 4 Whiteladies Road, Clifton, Bristol BS8 1NN |
| RELATIONSHIP TO RESPONDENT (FLA 1996 S.62) | a spouse or civil partner of the Respondent |
2. RESPONDENT IDENTIFICATION
| FULL NAME | Mark Christopher Holdsworth |
| DATE OF BIRTH | 14 September 1988 |
| ADDRESS | 17 Wellington Road, Bishopston, Bristol BS7 8UR (currently absent — vacated 4 June 2026) |
3. RELEVANT CHILDREN
| RELEVANT CHILD 1 — NAME | Elias James Holdsworth |
| RELEVANT CHILD 1 — DATE OF BIRTH | 8 March 2020 |
| RELEVANT CHILD 1 — RELATIONSHIP TO RESPONDENT | son of the parties |
| RELEVANT CHILD 2 — NAME | Isla Margaret Holdsworth |
| RELEVANT CHILD 2 — DATE OF BIRTH | 19 November 2022 |
| RELEVANT CHILD 2 — RELATIONSHIP TO RESPONDENT | daughter of the parties |
4. ORDER SOUGHT — NON-MOLESTATION + OCCUPATION ORDER + POWER OF ARREST. The Applicant respectfully applies for both a non-molestation order under section 42 and an occupation order, together with the attachment of a power of arrest under section 42A of the Family Law Act 1996 on the basis that the Respondent has used or threatened violence against the Applicant or a relevant child.
4.1 Brief narrative of the conduct relied on:
The Applicant is the Respondent's wife. The parties have been married since 2017 and have two children of the family (Elias, 6, and Isla, 3). Over the last 24 months the Respondent has subjected the Applicant to a course of controlling and coercive conduct including: (i) restrictions on the Applicant's contact with her family of origin and her two closest friends; (ii) financial control with monthly account scrutiny and restrictions on personal expenditure; (iii) verbal degradation including in front of the children; (iv) two specific incidents of physical violence — 14 March 2026 (a slap to the face during an argument about childcare arrangements) and 3 June 2026 (the Respondent grabbed the Applicant by the wrists and pushed her against the kitchen wall, witnessed by Elias); and (v) a threat on 4 June 2026 that if the Applicant "tried anything" she would "regret it". The Applicant's sister attended the matrimonial home on 4 June 2026 and witnessed the Applicant in distress and the visible bruising to her wrists. The Respondent vacated the matrimonial home on 4 June 2026 following the police call-out but the Applicant believes he intends to return.
Date of the most recent incident: 4 June 2026.
4.1 Brief narrative of the conduct relied on:
The Applicant is the Respondent's wife. The parties have been married since 2017 and have two children of the family (Elias, 6, and Isla, 3). Over the last 24 months the Respondent has subjected the Applicant to a course of controlling and coercive conduct including: (i) restrictions on the Applicant's contact with her family of origin and her two closest friends; (ii) financial control with monthly account scrutiny and restrictions on personal expenditure; (iii) verbal degradation including in front of the children; (iv) two specific incidents of physical violence — 14 March 2026 (a slap to the face during an argument about childcare arrangements) and 3 June 2026 (the Respondent grabbed the Applicant by the wrists and pushed her against the kitchen wall, witnessed by Elias); and (v) a threat on 4 June 2026 that if the Applicant "tried anything" she would "regret it". The Applicant's sister attended the matrimonial home on 4 June 2026 and witnessed the Applicant in distress and the visible bruising to her wrists. The Respondent vacated the matrimonial home on 4 June 2026 following the police call-out but the Applicant believes he intends to return.
Date of the most recent incident: 4 June 2026.
5. WITHOUT-NOTICE (EX PARTE) APPLICATION — FLA 1996 SECTION 45. The Applicant respectfully invites the court to hear this application without first giving notice to the Respondent. The detailed statutory test under section 45(2) is addressed in Section F (Expert). Where the application is heard without notice, the Applicant will provide the court with full and frank disclosure including any material that may operate against the order, in accordance with the duty of candour on without-notice applications (Re J (A Child) [2014] EWCA Civ 875).
6. DOMESTIC ABUSE ACT 2021 SECTION 1 STATUTORY DEFINITION. Section 1 of the Domestic Abuse Act 2021 introduced the statutory definition of domestic abuse for the first time. Section 1(3) lists five categories of behaviour that may amount to domestic abuse: (a) physical or sexual abuse; (b) violent or threatening behaviour; (c) controlling or coercive behaviour; (d) economic abuse (within the meaning of section 1(4)); and (e) psychological, emotional or other abuse. Behaviour is "abusive" whether it consists of a single incident or a course of conduct. The parties must be "personally connected" within section 2 of the DAA 2021. The Applicant's case is mapped to the relevant categories below.
(a) Physical or sexual abuse:
The Respondent has used physical violence against the Applicant on two documented occasions — 14 March 2026 (a slap to the face) and 3 June 2026 (grabbed by the wrists, pushed against the wall, witnessed by the eldest child). The 3 June 2026 incident resulted in visible bruising to both wrists; the Applicant's sister attended later that day and observed the bruising. Photographs taken on 4 June 2026 are enclosed with the application.
(b) Violent or threatening behaviour:
On 4 June 2026, following the police call-out, the Respondent telephoned the Applicant and stated: "if you try anything, you'll regret it — you know what I'm capable of". The Applicant interpreted this as a threat of further physical violence if she pursued a non-molestation application. The call was recorded on the Applicant's phone voicemail and the audio is available to the court.
(c) Controlling or coercive behaviour:
Throughout the last 24 months the Respondent has restricted the Applicant's contact with her family of origin (her mother, sister and one named friend) by monitoring her phone, deleting messages and demanding to know the content of any voice call. The Respondent has imposed a monthly review of the Applicant's personal bank account, requiring her to justify any non-essential expenditure above GBP 25. The Applicant's sister and a named workplace colleague are willing to provide witness statements confirming the pattern.
(d) Economic abuse:
The Respondent maintains sole control of the household finances, the family bank accounts and the Applicant's salary (which is paid into a joint account from which the Applicant has limited withdrawal access). The Applicant's personal savings account was closed by the Respondent in October 2025 without the Applicant's informed consent — a copy of the closure correspondence is in the Applicant's possession and enclosed with the application.
(e) Psychological, emotional or other abuse:
The Respondent has subjected the Applicant to verbal degradation including in front of the children, repeated allegations of marital infidelity (which the Applicant denies) and threats to remove the children from her care if she "stepped out of line". The pattern has resulted in the Applicant being placed on a low-dose antidepressant by her GP (Dr Catherine Mainwaring, Bishopston Family Practice) in February 2026 — a GP letter confirming the diagnosis and the link to the home circumstances is enclosed.
(a) Physical or sexual abuse:
The Respondent has used physical violence against the Applicant on two documented occasions — 14 March 2026 (a slap to the face) and 3 June 2026 (grabbed by the wrists, pushed against the wall, witnessed by the eldest child). The 3 June 2026 incident resulted in visible bruising to both wrists; the Applicant's sister attended later that day and observed the bruising. Photographs taken on 4 June 2026 are enclosed with the application.
(b) Violent or threatening behaviour:
On 4 June 2026, following the police call-out, the Respondent telephoned the Applicant and stated: "if you try anything, you'll regret it — you know what I'm capable of". The Applicant interpreted this as a threat of further physical violence if she pursued a non-molestation application. The call was recorded on the Applicant's phone voicemail and the audio is available to the court.
(c) Controlling or coercive behaviour:
Throughout the last 24 months the Respondent has restricted the Applicant's contact with her family of origin (her mother, sister and one named friend) by monitoring her phone, deleting messages and demanding to know the content of any voice call. The Respondent has imposed a monthly review of the Applicant's personal bank account, requiring her to justify any non-essential expenditure above GBP 25. The Applicant's sister and a named workplace colleague are willing to provide witness statements confirming the pattern.
(d) Economic abuse:
The Respondent maintains sole control of the household finances, the family bank accounts and the Applicant's salary (which is paid into a joint account from which the Applicant has limited withdrawal access). The Applicant's personal savings account was closed by the Respondent in October 2025 without the Applicant's informed consent — a copy of the closure correspondence is in the Applicant's possession and enclosed with the application.
(e) Psychological, emotional or other abuse:
The Respondent has subjected the Applicant to verbal degradation including in front of the children, repeated allegations of marital infidelity (which the Applicant denies) and threats to remove the children from her care if she "stepped out of line". The pattern has resulted in the Applicant being placed on a low-dose antidepressant by her GP (Dr Catherine Mainwaring, Bishopston Family Practice) in February 2026 — a GP letter confirming the diagnosis and the link to the home circumstances is enclosed.
7. BALANCE OF HARM TEST — FLA 1996 SECTION 33(7). The Family Court must consider the balance of harm test on an application for an occupation order under section 33. The test is statutory: the court MUST make an occupation order where the Applicant or any relevant child is likely to suffer significant harm attributable to the conduct of the Respondent if the order is not made, unless the harm likely to be suffered by the Respondent or any relevant child if the order is made is as great as or greater than the harm attributable to the Respondent's conduct. "Significant harm" is the threshold concept; "attributable" links the harm to the Respondent's conduct. The leading authority is G v G (Occupation Order: Conduct) [2000] 2 FLR 36.
Harm to the Applicant if no order is made:
If no occupation order is made, the Applicant is likely to suffer significant physical, psychological and economic harm. The Respondent has used physical violence within the last 9 days; threatened further violence within the last 8 days; and has access to the matrimonial home (which is in joint names with full reciprocal home rights). Without an occupation order, the Respondent is entitled to return at any time. The Applicant's mental health deterioration since February 2026 (confirmed by the GP) provides medical evidence of the psychological harm pattern.
Harm to relevant children if no order is made:
The 6-year-old Elias directly witnessed the 3 June 2026 violent incident and the police call-out. The 3-year-old Isla was present in the house. The children's witnessing of the conduct, and the continuing risk of further incidents in the home, brings them within the section 33(7) balance — they are likely to suffer significant emotional harm if exposed to further incidents. A safeguarding referral has been made to Bristol Children's Social Care and a duty assessment is pending.
Harm to the Respondent or relevant children if order is made:
The Respondent has independent means and an alternative residence available (his parents reside at 11 Cotham Road South, Bristol BS6 5TZ; he stayed there 4-7 June 2026 following the police call-out). The Respondent has access to his own income (he is a salaried employee at a Bristol tech firm earning approximately GBP 67,000 per annum). The harm to the Respondent if the occupation order is made is limited to inconvenience and the cost of alternative accommodation — both are materially less than the significant harm to the Applicant and children if no order is made. The section 33(7) balance plainly tips in favour of making the order.
The Applicant contends that the harm to the Applicant and relevant children if no order is made significantly exceeds the harm to the Respondent if the order is made; the balance under section 33(7) plainly tips in favour of making the order.
Harm to the Applicant if no order is made:
If no occupation order is made, the Applicant is likely to suffer significant physical, psychological and economic harm. The Respondent has used physical violence within the last 9 days; threatened further violence within the last 8 days; and has access to the matrimonial home (which is in joint names with full reciprocal home rights). Without an occupation order, the Respondent is entitled to return at any time. The Applicant's mental health deterioration since February 2026 (confirmed by the GP) provides medical evidence of the psychological harm pattern.
Harm to relevant children if no order is made:
The 6-year-old Elias directly witnessed the 3 June 2026 violent incident and the police call-out. The 3-year-old Isla was present in the house. The children's witnessing of the conduct, and the continuing risk of further incidents in the home, brings them within the section 33(7) balance — they are likely to suffer significant emotional harm if exposed to further incidents. A safeguarding referral has been made to Bristol Children's Social Care and a duty assessment is pending.
Harm to the Respondent or relevant children if order is made:
The Respondent has independent means and an alternative residence available (his parents reside at 11 Cotham Road South, Bristol BS6 5TZ; he stayed there 4-7 June 2026 following the police call-out). The Respondent has access to his own income (he is a salaried employee at a Bristol tech firm earning approximately GBP 67,000 per annum). The harm to the Respondent if the occupation order is made is limited to inconvenience and the cost of alternative accommodation — both are materially less than the significant harm to the Applicant and children if no order is made. The section 33(7) balance plainly tips in favour of making the order.
The Applicant contends that the harm to the Applicant and relevant children if no order is made significantly exceeds the harm to the Respondent if the order is made; the balance under section 33(7) plainly tips in favour of making the order.
8. WITHOUT-NOTICE JUSTIFICATION — FLA 1996 SECTION 45(2). Section 45 of the Family Law Act 1996 empowers the Family Court to make a non-molestation or occupation order on a without-notice basis where the court considers it just and convenient to do so. Section 45(2) requires the court to have regard to all the circumstances including, in particular: (a) any risk of significant harm to the Applicant or a relevant child attributable to the conduct of the Respondent if the order is not made immediately; and (b) whether it is likely that the Applicant will be deterred or prevented from pursuing the application if an order is not made immediately. The Court of Appeal in Re J (A Child) [2014] EWCA Civ 875 cautioned that without-notice orders should be made only in exceptional circumstances and that the routine making of such orders is contrary to natural justice.
Section 45(2)(a) — significant harm:
The Applicant is at significant risk of further physical violence from the Respondent. The Respondent has used physical violence twice in the last 12 weeks (14 March 2026 and 3 June 2026); the pattern is escalating; the most recent incident was witnessed by the eldest child; the Respondent issued a verbal threat on 4 June 2026 specifically referring to the Applicant's attempt to seek protection. The Applicant fears that, if notice of this application is given to the Respondent in the ordinary way before the protective order is in place, the Respondent will retaliate either in person or through third parties. The risk of significant harm in the section 45(2)(a) sense is real, immediate and supported by recent documented incidents and a contemporaneous voicemail threat.
Section 45(2)(b) — deterrence / pursuance:
If the order is not made immediately, the Applicant is likely to be deterred from pursuing the application. The Applicant has been subject to a 24-month pattern of controlling and coercive behaviour which has progressively undermined her ability to take independent steps. The Respondent's 4 June 2026 voicemail threat ("if you try anything, you'll regret it") specifically targets her willingness to apply for protection. The Applicant's GP confirms the psychological impact of the pattern on her capacity to act. The risk that, in the days between service and hearing, the Respondent's pressure (or further violence) would cause the Applicant to withdraw the application is substantial.
The Applicant confirms that, where the order is granted without notice, full and frank disclosure of all material matters (including any matter that may operate against the granting of the order) has been provided in accordance with the duty of candour on without-notice applications.
Section 45(2)(a) — significant harm:
The Applicant is at significant risk of further physical violence from the Respondent. The Respondent has used physical violence twice in the last 12 weeks (14 March 2026 and 3 June 2026); the pattern is escalating; the most recent incident was witnessed by the eldest child; the Respondent issued a verbal threat on 4 June 2026 specifically referring to the Applicant's attempt to seek protection. The Applicant fears that, if notice of this application is given to the Respondent in the ordinary way before the protective order is in place, the Respondent will retaliate either in person or through third parties. The risk of significant harm in the section 45(2)(a) sense is real, immediate and supported by recent documented incidents and a contemporaneous voicemail threat.
Section 45(2)(b) — deterrence / pursuance:
If the order is not made immediately, the Applicant is likely to be deterred from pursuing the application. The Applicant has been subject to a 24-month pattern of controlling and coercive behaviour which has progressively undermined her ability to take independent steps. The Respondent's 4 June 2026 voicemail threat ("if you try anything, you'll regret it") specifically targets her willingness to apply for protection. The Applicant's GP confirms the psychological impact of the pattern on her capacity to act. The risk that, in the days between service and hearing, the Respondent's pressure (or further violence) would cause the Applicant to withdraw the application is substantial.
The Applicant confirms that, where the order is granted without notice, full and frank disclosure of all material matters (including any matter that may operate against the granting of the order) has been provided in accordance with the duty of candour on without-notice applications.
9. POWER OF ARREST AND OCCUPATION ORDER DETAIL — FLA 1996 SECTIONS 42A AND 33-38. Section 42A of the Family Law Act 1996 requires the Family Court to attach a power of arrest to a non-molestation or occupation order where it appears to the court that the Respondent has used or threatened violence against the Applicant or a relevant child, unless the court is satisfied that the Applicant and any relevant child will be adequately protected without one. Where attached, the power of arrest empowers a constable to arrest the Respondent without warrant for breach of the relevant provisions of the order.
Violence used or threatened by the Respondent: Yes — the Applicant's case is that the Respondent has used or threatened violence as set out in the abuse narrative above. The Applicant respectfully invites the court to attach a power of arrest under section 42A.
Occupation order section ground: section 33 of the Family Law Act 1996 — Applicant has a right to occupy the home (sole or joint owner; sole or joint tenant; beneficial interest; or matrimonial / civil partnership home rights under FLA 1996 s.30).
Property to which the occupation order relates: 17 Wellington Road, Bishopston, Bristol BS7 8UR.
Terms sought:
The Applicant seeks an order under section 33 of the Family Law Act 1996 (i) excluding the Respondent from the matrimonial home at 17 Wellington Road, Bishopston, Bristol BS7 8UR and from coming within 100 metres of the property; (ii) excluding the Respondent from the boundaries of Brindishe Park Primary School (the children's school) and the Bishopston Family Practice (the Applicant's GP); (iii) restraining the Respondent from contacting the Applicant directly or indirectly other than through the Applicant's solicitor, Holloway Family Law, or via CAFCASS in relation to any child arrangements proceedings; and (iv) directing that the order continues until further order of the court.
Violence used or threatened by the Respondent: Yes — the Applicant's case is that the Respondent has used or threatened violence as set out in the abuse narrative above. The Applicant respectfully invites the court to attach a power of arrest under section 42A.
Occupation order section ground: section 33 of the Family Law Act 1996 — Applicant has a right to occupy the home (sole or joint owner; sole or joint tenant; beneficial interest; or matrimonial / civil partnership home rights under FLA 1996 s.30).
Property to which the occupation order relates: 17 Wellington Road, Bishopston, Bristol BS7 8UR.
Terms sought:
The Applicant seeks an order under section 33 of the Family Law Act 1996 (i) excluding the Respondent from the matrimonial home at 17 Wellington Road, Bishopston, Bristol BS7 8UR and from coming within 100 metres of the property; (ii) excluding the Respondent from the boundaries of Brindishe Park Primary School (the children's school) and the Bishopston Family Practice (the Applicant's GP); (iii) restraining the Respondent from contacting the Applicant directly or indirectly other than through the Applicant's solicitor, Holloway Family Law, or via CAFCASS in relation to any child arrangements proceedings; and (iv) directing that the order continues until further order of the court.
10. STATEMENT OF TRUTH (FPR 2010 r.17.6). The Applicant believes that the facts stated in this application are true. The Applicant understands that proceedings for contempt of court may be brought against any person who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. The Applicant further confirms that, where this application is heard without notice, full and frank disclosure of all material matters has been provided to the court, including any matter that may operate against the granting of the order.
APPLICANT
Rebecca Anne Holdsworth
Applicant — 12 June 2026
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is Form FL401?
Form FL401 is the United Kingdom application form under Part IV of the Family Law Act 1996 for a non-molestation order (FLA 1996 s.42) and/or an occupation order (FLA 1996 ss.33-38). The Applicant must be "associated" with the Respondent within the meaning of FLA 1996 s.62(3) — spouse, civil partner, former spouse / civil partner, current cohabitant, former cohabitant, relative, intimate partner of significant duration, or parent of the same child. The Family Court of the Applicant's choice has jurisdiction; there is no fixed venue rule, in recognition of the protective purpose of the regime. Approximately 30,000 FL401 applications are filed in England and Wales each year.
A non-molestation order prohibits the Respondent from molesting the Applicant or any relevant child — molesting covers any pestering, harassment, threatening conduct or violence. An occupation order regulates who can live in (and who must keep away from) the family home. Both can be applied for together on the same FL401. The application can be made on a without-notice (ex parte) basis under FLA 1996 s.45 where there is a risk of significant harm to the Applicant or a relevant child if the order is not made immediately, or where the Applicant is likely to be deterred or prevented from pursuing the application without an immediate order. The Court of Appeal in Re J (A Child) [2014] EWCA Civ 875 cautioned that without-notice orders should be made only in exceptional circumstances.
The Family Court must attach a power of arrest under FLA 1996 s.42A where the Respondent has used or threatened violence against the Applicant or a relevant child, unless there is good reason not to do so. The statutory test for an occupation order under FLA 1996 s.33(7) is the balance of harm test — the court MUST make an order where the Applicant or a relevant child is likely to suffer significant harm attributable to the Respondent's conduct if the order is not made, unless the harm to the Respondent or a relevant child if the order is made is as great as or greater. Section 1 of the Domestic Abuse Act 2021 introduced the statutory definition of domestic abuse for the first time — five categories: physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; psychological, emotional or other abuse.
What's Covered in This Template
Our United Kingdom Form FL401 template builds a structured non-molestation and/or occupation order application the Family Court can list urgently — Applicant identification with optional FPR r.29.1 address confidentiality, the FLA 1996 s.62(3) associated-persons connection, the order sought, the brief abuse narrative, the without-notice request, and four Expert clauses on the DAA 2021 statutory definition, the s.33(7) balance of harm test, the s.45(2) without-notice test and the s.42A power of arrest framework.
Non-Molestation + Occupation Order Switch
Four order combinations — non-molestation only, occupation only, both, or both with attached power of arrest under FLA 1996 s.42A. The template adjusts every clause to the order sought and the supporting statutory framework.
FPR r.29.1 Address Confidentiality (Form C8)
Where the Applicant has safety concerns about the Respondent knowing the address, the template flags Form C8 (Confidential Contact Details) — filed alongside the FL401 and kept confidential. A separate service address is captured for the Respondent's notice (typically a solicitor's office).
FLA 1996 s.62(3) Associated-Persons Connection
Seven associated-persons categories — spouse / civil partner, former spouse / civil partner, current cohabitant, former cohabitant, relative (FLA 1996 s.63(1)), intimate partner of significant duration, parent of the same child. The connection drives the available occupation order section (s.33 / s.35 / s.36 / s.37 / s.38).
DAA 2021 s.1 Five-Category Statutory Definition
Maps the Applicant's evidence to the five statutory categories under section 1 of the Domestic Abuse Act 2021 — physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; psychological, emotional or other abuse. The 2021 Act was the first statutory definition of domestic abuse in United Kingdom law.
FLA 1996 s.33(7) Balance of Harm Test
Expert clause structures the statutory balance of harm test for occupation orders — significant harm to the Applicant or relevant child if no order is made vs harm to the Respondent if the order IS made. The court MUST make an order where the balance tips in the Applicant's favour, per G v G (Occupation Order: Conduct) [2000] 2 FLR 36.
FLA 1996 s.45(2) Without-Notice Two-Criteria Test
Expert clause structures the section 45(2) statutory test for a without-notice (ex parte) order — (a) risk of significant harm to the Applicant or relevant child if no immediate order; (b) likely deterrence or prevention from pursuing the application without an immediate order. Re J (A Child) [2014] EWCA Civ 875 cautions against routine without-notice orders.
FLA 1996 s.42A Power of Arrest
Expert clause structures the power of arrest test under s.42A — mandatory attachment where the Respondent has used or threatened violence against the Applicant or a relevant child, unless the court is satisfied that the Applicant and any relevant child will be adequately protected without one.
Occupation Order Section Switch (ss.33-38)
Five occupation order section grounds — s.33 (Applicant has right to occupy), s.35 (former spouse / CP with no current right), s.36 (current or former cohabitant with no right), s.37 (neither has right — spouses), s.38 (neither has right — cohabitants). The template auto-switches based on the FLA 1996 s.62(3) connection.
Re J [2014] EWCA Civ 875 Without-Notice Caution
The Expert without-notice clause cites Re J (A Child) [2014] EWCA Civ 875 — without-notice orders should be made only in exceptional circumstances. The Court of Appeal cautioned against the routine making of without-notice orders as contrary to natural justice and the Respondent's rights under Article 6 ECHR.
Single Signer — Applicant, FPR 17.6 Statement of Truth
The FL401 is signed by the Applicant under the statement of truth required by Family Procedure Rules 2010 rule 17.6. Where the application is heard without notice, the Applicant confirms compliance with the duty of full and frank disclosure including any matter that may operate against the granting of the order.
Three Filing Routes
Paper in person (recommended for urgent without-notice — same-day listing possible), paper by post (non-urgent), or MyHMCTS Private Family Law digital under PD 36ZD for legally represented parties at participating courts (case-by-case basis given urgency).
Repeatable Relevant Children + Relationship
Captures each relevant child by name, date of birth and relationship to the Respondent. Relevant children may be the children of the parties, step-children, or any other child living with or visiting the home. The court considers the harm to relevant children under FLA 1996 s.33(7) and s.45(2)(a).
How to Complete Form FL401
Follow these steps to produce a well-structured United Kingdom Form FL401 application for a non-molestation order and/or occupation order under Part IV of the Family Law Act 1996.
- 1
Identify the Family Court
Pick the Family Court at your choice — typically the one nearest to where you live or work. There is no fixed venue rule for FL401 applications, in recognition of the protective purpose. The Family Court will list the application for an urgent hearing where without-notice is requested.
- 2
Frame Address Confidentiality (FPR r.29.1)
Where you have safety concerns about the Respondent knowing your address, select address confidentiality and file Form C8 (Confidential Contact Details) alongside the FL401. Give a separate service address (your solicitor's office or a friend's address).
- 3
Confirm the s.62(3) Associated-Persons Connection
You must be "associated" with the Respondent within FLA 1996 s.62(3) to apply on FL401. Seven categories — spouse / civil partner, former spouse / civil partner, current cohabitant, former cohabitant, relative, intimate partner of significant duration, parent of the same child. The connection determines the available occupation order section.
- 4
Pick the Order Sought
Four order combinations — non-molestation only, occupation only, both, or both with attached power of arrest under FLA 1996 s.42A. Most domestic abuse applications seek a non-molestation order; occupation orders are added where the parties share or have shared a home.
- 5
Set the Brief Abuse Narrative
Specific incidents (with dates), pattern of conduct, the most recent incident, witnesses, supporting evidence (police records, GP letters, photographs, audio). The narrative supports the order applied for and the without-notice request if made.
- 6
Decide on Without-Notice (Expert)
Section 45 of the Family Law Act 1996 allows the court to make a non-molestation or occupation order without first giving notice to the Respondent. The Expert section 45(2) clause structures the two-criteria test — significant harm + deterrence. Re J (A Child) [2014] EWCA Civ 875 cautions against routine without-notice orders.
- 7
Map the DAA 2021 Five Categories (Expert)
Map your evidence to the five statutory categories under section 1 of the Domestic Abuse Act 2021 — physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; psychological, emotional or other abuse. The 2021 Act was the first statutory definition of domestic abuse in United Kingdom law.
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Apply the Balance of Harm Test (Expert)
Where an occupation order is sought, the FLA 1996 s.33(7) balance of harm test is mandatory. The Expert clause structures three elements — significant harm to the Applicant if no order; significant harm to relevant children if no order; harm to the Respondent if the order IS made. The court MUST make the order where the balance tips in the Applicant's favour.
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File at the Family Court
For urgent without-notice applications, file in person at the Family Court counter — the application can be listed for an urgent hearing on the same day. For non-urgent applications, file by post or via MyHMCTS Private Family Law (legally represented parties at participating courts).
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Legal Considerations — FL401 Non-Molestation Order
Non-molestation and occupation orders are governed by Part IV of the Family Law Act 1996, the Domestic Abuse Act 2021 and Part 10 of the Family Procedure Rules 2010. The framework operates the same in England and Wales; Scotland has separate procedures under the Protection from Abuse (Scotland) Act 2001 and Northern Ireland under the Family Homes and Domestic Violence (Northern Ireland) Order 1998.
This template is for general information and does not constitute legal advice. Refuge, Women's Aid, Citizens Advice and the National Domestic Abuse Helpline (0808 2000 247) provide free guidance and emotional support. ManKind Initiative (01823 334244) supports male victims. A family solicitor is recommended for any FL401 application — non-molestation order specialists may also assist on a fixed-fee or legal-aid basis (legal aid is available for domestic abuse cases without means assessment in many cases).
Reviewed for the United Kingdom (England and Wales)
Statutory Framework — Part IV FLA 1996
Part IV of the Family Law Act 1996 creates the non-molestation order (s.42), the occupation orders (ss.33-38), the power of arrest (s.42A), the without-notice jurisdiction (s.45) and the associated-persons definition (s.62(3)). The framework was substantially amended by the Domestic Violence, Crime and Victims Act 2004 (criminal offence of breach), the Domestic Abuse Act 2021 (statutory definition) and the Family Procedure (Amendment) Rules 2016 (procedural reform). The breach of a non-molestation order is a criminal offence under FLA 1996 s.42A as amended — up to 5 years' imprisonment on indictment.
Non-Molestation Order — FLA 1996 s.42
A non-molestation order prohibits the Respondent from molesting the Applicant or any relevant child. "Molestation" is broad — it covers any pestering, harassment, threatening conduct, controlling and coercive behaviour, or violence. The Applicant and Respondent must be "associated" within FLA 1996 s.62(3). The order can be made for a specified period or until further order; the typical duration is 6-12 months on first making, renewable on application.
Occupation Order — FLA 1996 ss.33-38
Occupation orders regulate who can live in (and who must keep away from) the family home. Five sections — s.33 (Applicant has right to occupy), s.35 (former spouse / CP with no current right), s.36 (cohabitant with no right), s.37 (neither has right — spouses), s.38 (neither has right — cohabitants). The balance of harm test under s.33(7) is mandatory: the court MUST make an order where the Applicant or relevant child is likely to suffer significant harm attributable to the Respondent's conduct if no order is made, unless the harm to the Respondent if the order IS made is as great or greater.
Domestic Abuse Act 2021 s.1 Statutory Definition
Section 1 of the Domestic Abuse Act 2021 introduced the statutory definition of domestic abuse for the first time in United Kingdom law. Section 1(3) lists five categories: (a) physical or sexual abuse; (b) violent or threatening behaviour; (c) controlling or coercive behaviour; (d) economic abuse (s.1(4) — adverse effect on ability to acquire, use or maintain money or property); (e) psychological, emotional or other abuse. Behaviour is "abusive" whether a single incident or a course of conduct. The parties must be "personally connected" within s.2 of the DAA 2021.
Without-Notice — FLA 1996 s.45 + Re J [2014]
Section 45 of the Family Law Act 1996 empowers the Family Court to make a non-molestation or occupation order on a without-notice (ex parte) basis where the court considers it just and convenient. Section 45(2) requires the court to have regard to (a) any risk of significant harm to the Applicant or a relevant child attributable to the Respondent's conduct if no order is made immediately; and (b) whether the Applicant is likely to be deterred or prevented from pursuing the application if no immediate order is made. The Court of Appeal in Re J (A Child) [2014] EWCA Civ 875 cautioned that without-notice orders should be made only in exceptional circumstances.
Power of Arrest — FLA 1996 s.42A
Section 42A of the Family Law Act 1996 requires the Family Court to attach a power of arrest to a non-molestation or occupation order where it appears that the Respondent has used or threatened violence against the Applicant or a relevant child, unless the court is satisfied that the Applicant and any relevant child will be adequately protected without one. Where attached, the power of arrest empowers a constable to arrest the Respondent without warrant on reasonable suspicion of breach. Breach of a non-molestation order is a separate criminal offence under FLA 1996 s.42A as amended.
Frequently Asked Questions
Build Your Non-Molestation Order Application
Produce a clear United Kingdom Form FL401 application the Family Court can list urgently. Applicant identification with optional FPR r.29.1 address confidentiality, the FLA 1996 s.62(3) associated-persons connection, the order sought (non-molestation / occupation / both / with power of arrest), the brief abuse narrative, the without-notice request and four Expert clauses that map the case to the Domestic Abuse Act 2021 statutory definition, the section 33(7) balance of harm test, the section 45(2) without-notice test and the section 42A power of arrest framework. Filed at the Family Court of your choice in England and Wales.
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