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Non-Molestation and Occupation Orders UK: How to Apply Using Form FL401
Independently fact-checked against primary sources (last audited September 28, 2026). · 17 primary sources cited on this page. How we verify our legal content
A non-molestation order and an occupation order are two separate civil court orders under Part 4 of the Family Law Act 1996 that protect you from an abusive partner, ex-partner, relative or household member; in England and Wales you apply for either or both on one form, FL401, there is no court fee, and breaching a non-molestation order is itself a criminal offence carrying up to five years in prison.
If you are in immediate danger
Call 999. For free, confidential support and advice, the National Domestic Abuse Helpline (England) is 0808 2000 247, open 24 hours. In Wales, Live Fear Free is 0808 80 10 100, also open 24 hours. In Scotland, the Domestic Abuse and Forced Marriage Helpline is 0800 027 1234. In Northern Ireland, the Domestic and Sexual Abuse Helpline is 0808 802 1414 (gov.uk: get help for domestic abuse). This page explains the two civil court orders that can protect you once you are safe enough to seek them; it is general legal information, not a substitute for that immediate help.
England and Wales: non-molestation orders
A non-molestation order, under section 42 of the Family Law Act 1996, prohibits a person from molesting another person who is "associated" with them, or a relevant child. The court can make one on application, or of its own motion within existing family proceedings, and can express the prohibition either generally or against particular acts, for a set period or until further order (legislation.gov.uk: Family Law Act 1996, section 42).
Who can apply: the associated persons test
You must be an "associated person" under section 62 to apply. The list is deliberately wide: people who are or were married; who are or were civil partners; who are or were cohabitants; who live or have lived in the same household, other than as an employee, tenant, lodger or boarder; who are relatives; who have agreed to marry or to enter a civil partnership; who have or have had an intimate personal relationship with each other of significant duration; who are each a parent of, or have or have had parental responsibility for, the same child; or who are parties to the same family proceedings (legislation.gov.uk: Family Law Act 1996, section 62). This is broader than "partner": it also covers relatives, former cohabitants and people who have never lived together.
Occupation orders
An occupation order, under sections 33 to 38, regulates who can occupy the family home. Section 33 covers an applicant who already has an estate, interest or contractual right, or home rights, in the property, and it is or was a home shared with an associated person. If you have no right to occupy the home yourself, sections 35 to 38 can still give a spouse, civil partner, former spouse or former civil partner, or a cohabitant or former cohabitant, a time-limited occupation order (under section 36, for a cohabitant or former cohabitant, at most six months, extendable once) (legislation.gov.uk: Family Law Act 1996, section 36). The court can, among other things, require the respondent to leave, exclude them from a defined area around the home, or regulate the occupation of both parties, alongside the non-molestation protection above (legislation.gov.uk: Family Law Act 1996, section 33).
Breaching a non-molestation order is a crime
Section 42A makes it a criminal offence to breach a non-molestation order without reasonable excuse. On conviction on indictment, the maximum is five years' imprisonment, a fine, or both; on summary conviction, imprisonment up to the general limit in a magistrates' court, or a fine up to the statutory maximum, or both (legislation.gov.uk: Family Law Act 1996, section 42A). A single breach cannot be prosecuted as this criminal offence and punished as contempt of court at the same time; the two routes are mutually exclusive for the same conduct. An occupation order has no equivalent standalone criminal offence; breaching one is enforced as contempt of court, or by attaching a power of arrest to it.
Form FL401: how to apply, and the court fee
You apply for a non-molestation order, an occupation order, or both, on the same form, FL401. There is no court fee to apply. The form itself states plainly: "There are no court fees for applying" (HMCTS Form FL401). The current civil and family court fees schedule confirms this from the fee side too: the general issue fee and the fee for a without notice or by consent application are both listed as not payable in proceedings for a non-molestation order, an occupation order, or a forced marriage protection order, and the same exemption covers an application to vary or discharge an order already made (gov.uk: EX50A, civil and family court fees). A separate, narrower fee for having the order served by a court bailiff is also exempt for these applications (legislation.gov.uk: Family Proceedings Fees Order 2008, schedule 1). Check gov.uk for the current fees schedule before applying, since fee orders are periodically reissued.
Legal aid
Legal aid for your own application is not simply exempt from the usual means test, and it is not simply means tested as normal either. Regulation 12 of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 gives the Legal Aid Agency's Director discretion to waive the financial eligibility limits, for an application seeking an injunction or other order for protection from harm, or committal for breach of one, "if the Director considers it equitable to do so" (legislation.gov.uk: 2013 Regulations, regulation 12). This waives only the financial side of eligibility; it does not remove the separate merits test. The regulation was itself updated on 21 May 2025 to use the term "domestic abuse" in place of the earlier "domestic violence" wording, confirming it remains current and maintained (legislation.gov.uk: Legal Aid: Domestic Abuse Miscellaneous Amendments Order 2025).
Scotland: interdict and exclusion orders
Scotland has no order called a non-molestation order. Instead, anyone can seek a civil interdict, and the court can attach a power of arrest to it under the Protection from Abuse (Scotland) Act 2001, making a breach immediately arrestable rather than requiring a fresh court application first (legislation.gov.uk: Protection from Abuse (Scotland) Act 2001, section 1). If the court also determines that the interdict is a domestic abuse interdict, breaching it while the power of arrest is in effect is a criminal offence carrying up to five years' imprisonment on indictment (legislation.gov.uk: Domestic Abuse (Scotland) Act 2011, section 2). For the occupation order equivalent, a spouse can apply for an exclusion order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (civil partners have an equivalent under section 104 of the Civil Partnership Act 2004, and a cohabiting partner can use the 1981 Act's exclusion order through its section 18, in some cases only after first obtaining occupancy rights from the court (legislation.gov.uk: 1981 Act, section 18)), which suspends the other partner's occupancy rights in the home, rather than granting the applicant a fresh right to occupy, if that is necessary to protect the applicant or a child from injurious conduct (legislation.gov.uk: 1981 Act, section 4).
Northern Ireland: the 1998 Order, and a lower breach penalty
Northern Ireland has its own Family Homes and Domestic Violence (Northern Ireland) Order 1998. Article 20 (non-molestation orders) works in essentially the same way as section 42, and Article 11 (occupation orders) mirrors section 33 (legislation.gov.uk: 1998 Order, contents). Two differences matter. First, Article 25 makes breach of a non-molestation order (and of an occupation order while a non-molestation order is also in force against the same person) a summary only offence, with a maximum of six months' imprisonment or a fine not exceeding level 5 on the standard scale, or both, with no route to trial on indictment and no five year maximum as in England and Wales (legislation.gov.uk: 1998 Order, article 25). Second, Northern Ireland's associated persons list, in Article 3, has no category for people who have or have had an intimate personal relationship of significant duration without living together, unlike section 62(3)(ea) in England and Wales; a non-cohabiting partner may need to fit a different category, or may not qualify at all, in Northern Ireland (legislation.gov.uk: 1998 Order, article 3).
Domestic Abuse Protection Orders are a separate, pilot only regime
Since 2024, a newer, tougher order, the Domestic Abuse Protection Order, exists in a small number of pilot areas of England and Wales. It does not replace non-molestation and occupation orders, which remain available everywhere in England and Wales. See Domestic Abuse Protection Orders for where the pilot currently runs.
For the wider UK family law hub, see child arrangements, parental responsibility and financial settlement on divorce. Harassment outside a family relationship, for example from a neighbour, is covered separately at neighbour harassment law.
Frequently Asked Questions
Is there a court fee for a non-molestation order or occupation order?
No. Form FL401 states there are no court fees for applying, and the current civil and family court fees schedule confirms both the issue fee and the fee for a without notice application are not payable for non-molestation order, occupation order and forced marriage protection order proceedings, including an application to vary or discharge an existing order.
Who counts as an associated person under the Family Law Act 1996?
Section 62 covers people who are or were married or civil partners, cohabitants, relatives, people who agreed to marry, people who have or have had an intimate personal relationship of significant duration, people who are each a parent of, or have or have had parental responsibility for, the same child, people who live or have lived in the same household other than as an employee, tenant, lodger or boarder, and people in the same family proceedings.
What happens if someone breaches a non-molestation order?
It is a criminal offence under section 42A. On conviction on indictment, the maximum is five years' imprisonment, a fine, or both. On summary conviction, the maximum is the general limit in a magistrates' court, or a fine up to the statutory maximum, or both. The same breach cannot be prosecuted as this offence and punished as contempt of court at the same time.
Can I get legal aid for a non-molestation or occupation order?
It is not an automatic exemption from the means test, but the Legal Aid Agency's Director can waive the financial eligibility limits, under regulation 12 of the 2013 financial resources regulations, for an application seeking protection from harm or committal for breach of such an order, if the Director considers it equitable to do so. The separate merits test still applies.
Does Scotland have non-molestation orders?
No. Scotland uses a civil interdict, which can carry a power of arrest under the Protection from Abuse (Scotland) Act 2001, and, for the family home, an exclusion order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981, which suspends the other party's occupancy rights rather than granting a fresh right to occupy.
Is the penalty for breaching a protective order the same in Northern Ireland?
No. Under the Family Homes and Domestic Violence (Northern Ireland) Order 1998, article 25, breach of a non-molestation order is a summary only offence with a maximum of six months' imprisonment, well below the five year maximum on indictment in England and Wales.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Protection from Abuse (Scotland) Act 2001
s. 1Attachment of power of arrest to interdictIn force
(1) A person who is applying for, or who has obtained, an interdict for the purpose of protection against abuse may apply to the court for a power of arrest to be attached to the interdict under this Act. (1A) In the case of an interdict which is— (a) a matrimonial interdict (as defined by section 14(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)) which is ancillary to— (i) an exclusion order within the meaning of section 4(1) of that Act; or (ii) an interim order under section 4(6) of that Act; or (b) a relevant interdict (as defined by section 113(2) of the Civil Partnership Act 2004 (c. 33)) which is ancillary to— (i) an exclusion order within the meaning of section 104(1) of that Act; or (ii) an interim order under section 104(6) of that Act, the court must, on an application under subsection (1), attach a power of arrest to the interdict. (2) In the case of any other interdict, the court must, on such application, attach a power of arrest to the interdict if satisfied that— (a) the interdicted person has been given an opportunity to be heard by, or represented before, the court; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Domestic Abuse (Scotland) Act 2011
s. 2Breach of domestic abuse interdict with power of arrestIn force
(1) This section applies where— (a) on or after the date on which this section comes into force, an interdict is granted against a person, (b) a determination has been made under section 3(1) that the interdict is a domestic abuse interdict, (c) that determination is in effect, (d) a power of arrest is attached to the interdict under section 1(1A) or (2) of the Protection from Abuse (Scotland) Act 2001 (asp 14), and (e) that power of arrest is in effect. (2) A person who breaches an interdict to which this section applies is guilty of an offence. (3) A person guilty of an offence under subsection (2) is liable–– (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both, (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both. (4) Following conviction, a breach of an interdict to which this section applies is not punishable other than in accordance with subsection (3). (5) Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Matrimonial Homes (Family Protection) (Scotland) Act 1981
s. 18Occupancy rights of cohabiting couples.In force
(1) If a man and a woman are living with each other as if they were man and wife or two persons of the same sex are living together as if they were civil partners (“ in either case a cohabiting couple”) in a house which, apart from the provisions of this section— (a) one of them (an “ entitled partner ”) is entitled, or permitted by a third party, to occupy; and (b) the other (a “ non-entitled partner ”) is not so entitled or permitted to occupy, the court may, on the application of the non-entitled partner, if it appears that the entitled partner and the non-entitled partner are a cohabiting couple in that house, grant occupancy rights therein to the applicant for such period, not exceeding 6 months, as the court may specify: Provided that the court may extend the said period for a further period or periods, no such period exceeding 6 months. (2) In determining whether for the purpose of subsection (1) above two persons are a cohabiting couple the court shall have regard to all the circumstances of the case including— (a) the time for which it appears they have been living together; and (b) whether there is any child— (i) of whom they are the parents;
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 4Exclusion orders.In force
(1) Where there is an entitled and non-entitled spouse, or where both spouses are entitled, or permitted by a third party, to occupy a matrimonial home, either spouse whether or not that spouse is in occupation at the time of the application may apply to the court for an order (in this Act referred to as “ an exclusion order ”) suspending the occupancy rights of the other spouse (“the non-applicant spouse”) in a matrimonial home. (2) Subject to subsection (3) below, the court shall make an exclusion order if it appears to the court that the making of the order is necessary for the protection of the applicant or any child of the family from any conduct or threatened or reasonably apprehended conduct of the non-applicant spouse which is or would be injurious to the physical or mental health of the applicant or child. (3) The court shall not make an exclusion order if it appears to the court that the making of the order would be unjustified or unreasonable— (a) having regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 3(3) of this Act;
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Family Law Act 1996
s. 33Occupation orders where applicant has estate or interest etc. or has home rights .In force
(1) If— (a) a person ( “the person entitled”)— (i) is entitled to occupy a dwelling-house by virtue of a beneficial estate or interest or contract or by virtue of any enactment giving him the right to remain in occupation, or (ii) has home rights in relation to a dwelling-house, and (b) the dwelling-house— (i) is or at any time has been the home of the person entitled and of another person with whom he is associated, or (ii) was at any time intended by the person entitled and any such other person to be their home, the person entitled may apply to the court for an order containing any of the provisions specified in subsections (3), (4) and (5). (2) If an agreement to marry is terminated, no application under this section may be made by virtue of section 62(3)(e) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 36One cohabitant or former cohabitant with no existing right to occupy.In force
(1) This section applies if— (a) one cohabitant or former cohabitant is entitled to occupy a dwelling-house by virtue of a beneficial estate or interest or contract or by virtue of any enactment giving him the right to remain in occupation; (b) the other cohabitant or former cohabitant is not so entitled; and (c) that dwelling-house is the home in which they cohabit or a home in which they at any time cohabited or intended to cohabit . (2) The cohabitant or former cohabitant not so entitled may apply to the court for an order under this section against the other cohabitant or former cohabitant ( “the respondent”). (3) If the applicant is in occupation, an order under this section must contain provision— (a) giving the applicant the right not to be evicted or excluded from the dwelling-house or any part of it by the respondent for the period specified in the order; and (b) prohibiting the respondent from evicting or excluding the applicant during that period. (4) If the applicant is not in occupation, an order under this section must contain provision— (a) giving the applicant the right to enter into and occupy the dwelling-house for the period specified in the order;
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 42Non-molestation orders.In force
(1) In this Part a “ non-molestation order ” means an order containing either or both of the following provisions— (a) provision prohibiting a person ( “the respondent”) from molesting another person who is associated with the respondent; (b) provision prohibiting the respondent from molesting a relevant child. (2) The court may make a non-molestation order— (a) if an application for the order has been made (whether in other family proceedings or without any other family proceedings being instituted) by a person who is associated with the respondent; or (b) if in any family proceedings to which the respondent is a party the court considers that the order should be made for the benefit of any other party to the proceedings or any relevant child even though no such application has been made. (3) In subsection (2) “family proceedings” includes proceedings in which the court has made an emergency protection order under section 44 of the Children Act 1989 which includes an exclusion requirement (as defined in section 44A(3) of that Act).
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 42aOffence of breaching non-molestation orderIn force
(1) A person who without reasonable excuse does anything that he is prohibited from doing by a non-molestation order is guilty of an offence. (2) In the case of a non-molestation order made by virtue of section 45(1), a person can be guilty of an offence under this section only in respect of conduct engaged in at a time when he was aware of the existence of the order. (3) Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court. (4) A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court. (5) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court , or a fine not exceeding the statutory maximum, or both.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 62Meaning of “cohabitants”, “relevant child” and “associated persons”.In force
(1) For the purposes of this Part— (a) “cohabitants” are two persons who are neither married to each other nor civil partners of each other but are living together as if they were a married couple or civil partners; and (b) “ cohabit ” and “ former cohabitants ” are to be read accordingly, but the latter expression does not include cohabitants who have subsequently married each other or become civil partners of each other . (2) In this Part, “relevant child”, in relation to any proceedings under this Part, means— (a) any child who is living with or might reasonably be expected to live with either party to the proceedings; (b) any child in relation to whom an order under the Adoption Act 1976 , the Adoption and Children Act 2002 or the Children Act 1989 is in question in the proceedings; and (c) any other child whose interests the court considers relevant. (3) For the purposes of this Part, a person is associated with another person if— (a) they are or have been married to each other; (aa) they are or have been civil partners of each other; (b) they are cohabitants or former cohabitants;
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Civil Partnership Act 2004
s. 104Exclusion ordersIn force
(1) Where there is an entitled and non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner, whether or not that partner is in occupation at the time of the application, may apply to the court for an order (in this Chapter referred to as “ an exclusion order ”) suspending the occupancy rights of the other partner (“ the non-applicant partner ”) in a family home. (2) Subject to subsection (3), the court is to make an exclusion order if it appears to it that to do so is necessary for the protection of the applicant or any child of the family from any conduct, or threatened or reasonably apprehended conduct, of the non-applicant partner which is or would be injurious to the physical or mental health of the applicant or child.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
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Sources and References
- Family Law Act 1996, section 42 (non-molestation orders)(legislation.gov.uk).gov
- Family Law Act 1996, section 62 (associated persons)(legislation.gov.uk).gov
- Family Law Act 1996, section 33 (occupation orders, entitled applicant)(legislation.gov.uk).gov
- Family Law Act 1996, section 42A (offence of breaching a non-molestation order)(legislation.gov.uk).gov
- HMCTS Form FL401, apply for a non-molestation or occupation order(assets.publishing.service.gov.uk).gov
- EX50A, civil and family court fees (July 2026)(assets.publishing.service.gov.uk).gov
- Family Proceedings Fees Order 2008, schedule 1(legislation.gov.uk).gov
- Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013, regulation 12(legislation.gov.uk).gov
- Protection from Abuse (Scotland) Act 2001, section 1(legislation.gov.uk).gov
- Matrimonial Homes (Family Protection) (Scotland) Act 1981, section 4 (exclusion orders)(legislation.gov.uk).gov
- Family Homes and Domestic Violence (Northern Ireland) Order 1998, article 25 (offences)(legislation.gov.uk).gov
- Family Homes and Domestic Violence (Northern Ireland) Order 1998, article 3 (associated persons)(legislation.gov.uk).gov
- gov.uk: get help for domestic abuse(gov.uk).gov
- Family Law Act 1996, section 36 (one cohabitant or former cohabitant with no existing right to occupy)(legislation.gov.uk).gov
- Domestic Abuse (Scotland) Act 2011, section 2 (breach of domestic abuse interdict with power of arrest)(legislation.gov.uk).gov
- Matrimonial Homes (Family Protection) (Scotland) Act 1981, section 18 (occupancy rights of cohabiting couples)(legislation.gov.uk).gov
- Civil Partnership Act 2004, section 104 (exclusion orders, Scotland)(legislation.gov.uk).gov