What is an FL401 application?
An FL401 form is the paperwork you fill out when you ask the Family Court for protection if you are being abused, harassed, or threatened by a partner, ex‑partner, or family member. The court can grant two different kinds of protective orders:
| Type of order | What it does | When it’s usually used |
|---------------|--------------|------------------------|
| Non‑molestation order | Stops the other person from using violence, threats, intimidation, harassment, or contacting you (including by phone, text, email, or social media). It can also keep them a certain distance away from your home, workplace, or children’s school. | When you need protection from abuse or harassment but you may still be living together or sharing a home. |
| Occupation order | Decides who can live in the family home (or a specific part of it) and who must stay away. It can also set rules about who may enter the property and when. | When you need to stay in the home safely and want the other person to leave, or when you need to be allowed to remain in the home despite ownership or tenancy issues. |
You can ask for one of these orders, both, or just the non‑molestation part, depending on what you need.
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If you are in immediate danger, you can ask the court to hear your request without giving the other person any warning (this is called a *without‑notice* or *ex parte* hearing).
How it works
1. Complete the FL401 form – tick the boxes for the type(s) of order you want and write a short, factual statement describing what has happened, why you fear further harm, and why you need the order straight away.
2. Attach any evidence you have (police reports, medical notes, screenshots of threatening messages, photos of injuries, witness statements). You don’t need a lot – just enough to show the court there is a real risk.
3. File the form at your local Family Court (you can do this in person, by post, or sometimes online). Ask the clerk if they can place it on the “urgent list” for a same‑day or next‑day hearing.
4. The judge reviews your papers – if they agree you are at risk, they can grant a temporary order right then, without the other person being present or even knowing you’ve applied.
The temporary order usually lasts until a *return date* hearing (see below), giving you breathing space while the other side gets a chance to respond.
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When the court makes a non‑molestation or occupation order, it can attach a power of arrest. This does not mean the police will automatically arrest the other person; it simply gives the police the authority to arrest them if they break the order (for example, if they come to your home, contact you, or refuse to leave the property).
Having a power of arrest attached makes the order stronger and easier for the police to enforce. You can ask for it on the FL401 form (there’s a tick‑box), and the judge will decide whether to include it based on the risk you describe.
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After an emergency (without‑notice) order is made, the court will set a return date – usually a few weeks later. At this hearing:
1. Both sides get a chance to speak – you will explain why you needed the order and give any extra evidence. The other person (the *respondent*) can respond, explain their side, and ask the court to change or drop the order.
2. The judge reviews everything – they look at the original application, any new evidence, and what both parties say.
3. Possible outcomes
* The order is continued (maybe unchanged, or with some tweaks).
* The order is varied (changed – for example, the distance you must stay apart is altered).
* The order is dismissed (if the judge decides it’s no longer needed).
* A final order is made, which can last for a set period (often 6–12 months) or until further notice.
You can represent yourself at this hearing, but you may also bring a friend, a support worker, or a solicitor if you can get one.
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Finding out that a non‑molestation or occupation order has been issued against you can be frightening. Here are the immediate steps you can take:
| Step | What to do | Why it helps |
|------|------------|--------------|
| 1. Read the order carefully | Note exactly what you are prohibited from doing (e.g., no contact, stay X metres away, leave the home). | Knowing the precise terms prevents accidental breaches. |
| 2. Do not violate any term | Even if you think the order is unfair, obey it until the court can review it. Breaching it can lead to arrest, fines, or a criminal record. | Protects you from immediate legal consequences. |
| 3. Gather your side of the story | Write down what happened from your perspective, collect any evidence (texts, emails, witnesses, receipts) that shows you did not abuse or harass the other person, or that you have a legitimate right to be in the home. | Prepares you for the return date hearing. |
| 4. File a response quickly | You can submit a response form (often called an “answer” or “statement”) to the court before the return date. Explain why you think the order should be changed or dismissed, and attach your evidence. | Gives the judge your viewpoint early. |
| 5. Attend the return date hearing | Go to court on the date set, bring your documents, and be ready to speak calmly. You may ask for legal advice or representation beforehand if possible. | This is your chance to have the order reviewed, varied, or lifted. |
| 6. Consider seeking legal advice | Even if you plan to represent yourself, a solicitor, a Citizens Advice bureau, or a family law charity can help you understand the process and check your paperwork. | Increases your chances of a fair outcome. |
Important: If you feel unsafe at any point (e.g., the other person threatens you despite the order), call the police on 999 immediately. The power of arrest attached to the order means they can act if the order is broken.
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> Reminder: This information explains the court process and forms only. It is not legal advice. For advice tailored to your own circumstances, please speak to a solicitor, a Citizens Advice adviser, or a family‑law support organisation. You don’t have to face this alone—help is available. Stay safe.
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