Applying for a Non-Molestation or Occupation Order
If you’re experiencing domestic abuse or harassment, you may be able to apply for a non-molestation order or an occupation order. These court orders provide urgent legal protection, but the process can feel overwhelming if you’re unsure where to start.
At WeProcess, we specialise in serving legal documents quickly, professionally, and in line with court rules. Once you’ve applied, we ensure your application is delivered to the respondent correctly, helping avoid delays in your case.
This guide explains what these orders are, how to apply using Form FL401, and how to prepare a supporting statement.
What is a Non-Molestation Order?
A non-molestation order is an injunction granted by the family court to protect you or your children from threats, harassment, or violence by a partner, ex-partner, or family member.
This order can legally prevent the respondent from contacting you directly or indirectly, in person, by phone, or even through others. It may also stop them from visiting your home, workplace, or children’s school, ensuring greater safety.
Breaching a non-molestation order is a criminal offence, meaning the police can take immediate action if the respondent ignores the terms of the order.
👉 Learn more at Citizens Advice and Rights of Women.
What is an Occupation Order?
An occupation order decides who has the legal right to live in the family home. It may remove an abusive partner from the property or prevent them from returning.
These orders provide stability and protection, particularly for children, by making sure the home environment remains safe during a difficult time. They may also divide access to a property, depending on circumstances.
The length of an occupation order can vary, lasting for weeks or months, and can sometimes be extended by the court if needed.
👉 Guidance is also available from the Law Society.
How to Apply with Form FL401
To apply, you’ll need to complete Form FL401, available from GOV.UK:
The form asks for:
- Applicant details (you).
- Respondent details (the person you’re applying against).
- Which order(s) you are seeking.
- Your supporting statement explaining why protection is needed and providing details of incidents or risks to you and your family.
Writing a Supporting Statement
The supporting statement is the most important part of your application. It explains why you need protection and helps the judge make a decision.
When writing it, include:
- Factual details of incidents (with dates/times if possible).
- Examples of harassment, threats, or abuse.
- Impact on you or your children (fear, stress, disruption).
- Why immediate protection is required.
👉 Support with statement writing is available via:
Serving the Documents
After you’ve submitted your application, the court will require the documents to be served on the respondent. This means the respondent must receive them formally.
- Documents must be delivered according to court rules.
- Proof of service must be provided to the court.
- Without proper service, your case may be delayed.
At WeProcess, our experienced process servers handle this step for you:
- Fast and discreet delivery of legal papers.
- Nationwide coverage across the UK.
- Court-approved proof of service certificate provided.
👉 Request a Quote for Document Serving
Other Related Orders
In addition to non-molestation and occupation orders, the court may also grant:
- Prohibited Steps Orders – prevent someone from taking a child abroad or removing them from your care.
- Child Arrangements Orders – decide who a child should live with or have contact with.
- Emergency Orders – available if urgent protection is required.
👉 More resources: Family Lives, Advocate (Bar Council), EIDA Support Directory.
Conclusion
Applying for a non-molestation or occupation order may feel daunting, but by completing Form FL401 and preparing a strong supporting statement, you can protect yourself and your family.
Once your application is ready, make sure the respondent is formally served. At WeProcess, we specialise in delivering legal documents securely and quickly, helping you move forward without delays.