Need a Non-Molestation Order? The court process is FREE — and you can apply same-day if you're at risk.

1. Get safe right now

Before anything else — before the form, before the helpline, before reading further — get to a place of safety. Court orders take hours to obtain even on the same-day track; physical safety is the first ten minutes. The order is for keeping you safe after you have already removed yourself from immediate danger.

• If you are in immediate danger, call 999. Ask for police. If you cannot speak, dial 999 and then press 55 on the keypad (or stay on the line and cough/tap) — the operator will recognise the silent solution and dispatch officers. Domestic abuse is treated as a priority response.
• Call Refuge on 0808 2000 247 — 24/7, free from any UK phone, and the call does not appear on itemised bills. The adviser can talk you through immediate refuge accommodation, route you to your nearest local DA service, and connect you to NCDV for the FL401.
• Secure your phone and your documents. Take your phone, charger, ID (passport, BRP, driving licence), any children's birth certificates, your bank cards, and any medication. If the perpetrator monitors your phone, switch location services off and consider a second SIM or a refuge phone.
• Photograph injuries, damage, and threatening messages. Save them to cloud storage outside your home (Google Drive, iCloud) and to a trusted relative or friend. These photographs become the evidence base for the FL401 statement.
• Use a code word with family or a neighbour. A single word over text that means "call 999 to my address now" gives you a way to summon help when you cannot speak freely.

2. The four protective routes — all FREE

A non-molestation order is one of the few areas of civil law where the entire process is free at the point of use. There is no court fee, no application charge, and no test of means for emergency assistance. The four parallel free routes:

The FL401 form covers both non-molestation (s.42) and occupation (s.33-s.38) orders. You can apply for both on the same form. An occupation order regulates who lives at, or has the right to enter, the family home — it can exclude the perpetrator from the property entirely, or define a no-contact zone within shared accommodation. Both orders are free of court fees.

3. The criminal-breach lever — FLA 1996 s.42A

Under Family Law Act 1996, section 42A, any breach of a non-molestation order is a criminal offence. This is the structural feature that gives the order real-world bite — it is not a civil order that has to be re-litigated each time it is broken. Police can arrest the respondent at the door.

• The breach must be without reasonable excuse. The respondent must know the order exists (which is why service of the order is critical — NCDV arranges this as part of the free service).
• Sentence on indictment: up to 5 years' imprisonment. Summary conviction: up to 12 months and an unlimited fine. The same conduct cannot also be punished as civil contempt — Parliament chose the criminal route in preference to dual proceedings.
• How to report a breach. Call 999 if there is risk; 101 for non-urgent breaches (texts, social media contact, visits to the address). Keep screenshots, save voicemails, take photographs. Police are trained that a non-molestation order is a criminal-arrest order on its face.
• Multiple breaches stack as separate offences and can be charged together. Persistent breach often leads to a custodial sentence even where individual incidents are at the lower end.

The criminal-breach route is the reason the non-molestation order is so much more effective than an ordinary injunction or a Police Information Notice (PIN). A breach call to 999 is actionable by police on the spot — they do not have to wait for a civil court to find contempt first.

The Domestic Abuse Act 2021 — what counts as abuse

The court's decision on FL401 turns on whether you meet the statutory definition of domestic abuse in Domestic Abuse Act 2021, section 1. The definition is deliberately broad and covers far more than physical violence:

• Physical or sexual abuse — assault, sexual assault, rape, choking, slapping, hitting, hair-pulling, restraint.
• Violent or threatening behaviour — threats to kill, threats with a weapon, threats to harm children or pets, damage to property.
• Controlling or coercive behaviour — isolating you from family and friends, monitoring your movements, controlling what you wear, controlling access to children, controlling access to immigration documents.
• Economic abuse — taking your wages, withholding money, running up debts in your name, sabotaging your job, preventing you working or studying.
• Psychological, emotional, or other abuse — gaslighting, humiliation, shouting, sleep deprivation, religious or cultural coercion.

Under Domestic Abuse Act 2021, section 65, the respondent cannot cross-examine you in person at the return hearing if they are the alleged perpetrator. The court must appoint a qualified legal representative (paid by central funds) to put their questions instead. This is an absolute bar — it is not at the judge's discretion. The same protection applies if you would be cross-examining the perpetrator.

The s.45(2) without-notice test — DS v AC and the 2026 Guidance

For a same-day order, the application is made ex parte — without notice to the respondent — under Family Law Act 1996, s.45(2). The court asks whether it is "just and convenient" to proceed without notice, having regard to three statutory considerations:

• Risk of significant harm to the applicant or a relevant child if the order is not made immediately.
• The applicant being deterred or prevented from pursuing the application if an order is not made immediately — i.e. the chilling effect of waiting for a hearing.
• The respondent deliberately evading service of an on-notice application, such that the cause of justice will be obstructed if the court does not act.

In DS v AC [2023] EWFC 46, Mr Justice Cobb made clear that the without-notice route is for "exceptional circumstances". The statement must justify the absence of notice with specific, recent incidents — not a general account of an unhappy relationship. Vague or stale allegations will be returned by the court for a short-notice hearing instead.

The 2026 President's Family Division Guidance on Without-Notice Applications, in force from 12 January 2026, standardises what FL401 statements must address: the most recent specific incident, the date and time, the particulars of the conduct, the names and ages of any children, the perpetrator's likely reaction if put on notice, and an explanation of any delay between incident and application. NCDV drafts statements to this template as part of its free service — that is the main reason same-day orders go through.

4. Get FREE help filing — NCDV and the alternatives

You do not have to draft Form FL401 alone. There are four free national channels — none of them require a means test in emergency circumstances.

• NCDV — 0800 970 2070 (24 hours). The flagship free FL401 service. Trained caseworkers take your account by phone, draft the without-notice statement to the standard the 2026 PFD Guidance requires, file at your nearest Family Court, and arrange for service of the order on the respondent. Turnaround: 24 hours from first call. No means test, no income limit, no fee.
• Rights of Women — Family Law Helpline. Free legal advice line for women on family law matters including FL401. Mon-Tue-Wed 19:00-21:00, Fri 12:00-14:00. rightsofwomen.org.uk also has downloadable plain-English guides on the FL401 process, the without-notice test, and the return hearing.
• Citizens Advice — your local bureau. Free face-to-face help with the form and the statement. Search "[your town] Citizens Advice" on gov.uk. Many bureaux have a dedicated family-law generalist who knows the FL401 process and can sit with you to complete the form.
• Emergency legal aid under LASPO Sch.1 para 12. If NCDV is at capacity, a domestic-abuse-specialist solicitor can apply for emergency legal aid the same day. The means test is waived in genuine emergencies where there is evidence of domestic abuse (999 call log, hospital record, refuge letter, MARAC referral, GP letter, social services involvement). Find a solicitor through Resolution or the Law Society Find a Solicitor tool.

The FL401 form, the explanatory notes, and the prescribed witness statement template are all free downloads from gov.uk. There is no "application pack" that costs money. If you are asked to pay for any of these documents, that is wrong — call NCDV.

5. The five national hotlines — call before anything else

These five lines are free, England & Wales-wide, staffed by people who handle FL401 cases and domestic-abuse crises every working day. Save the numbers to your phone before you close this page. Verified 15 May 2026 against official portals.

For incidents in progress, call 999 and ask for police. For non-emergency reports (a breach of an order that is not happening right now, threatening messages, stalking), call 101 or report online via your local police force's website. Officers should treat a non-molestation order as a criminal-arrest order on its face under FLA 1996 s.42A.

Screenshot this — your wallet card

One-screen summary. Screenshot it now, save it to your phone, and show it (or read from it) when you call 999, when you call NCDV, or when you attend court. It contains the statutory citations the court and the police need to hear.

If you're in immediate danger:
1. Call 999. Ask for police.
2. Call Refuge 0808 2000 247 (24/7, free).
3. Call NCDV 0800 970 2070 for free FL401 service.
4. Form FL401 has NO court fee.
5. A non-molestation order can be granted SAME DAY if
   your statement passes the s.45(2) without-notice test
   (DS v AC [2023] EWFC 46).
6. Breach of NMO = criminal offence (FLA 1996 s.42A,
   up to 5 years).

A non-molestation order takes effect against the respondent from the moment they are formally served (or in some cases, the moment they are given notice of its terms). Until service, police can act on the underlying criminal conduct (assault, harassment, threats) using their ordinary powers. Always carry a copy of the order with you — paper or photograph on your phone — and a copy of the FL401 if the order has not yet been sealed.

Right now — what to do this hour

1. If you are in immediate danger, call 999. Ask for police. If you cannot speak, press 55 after dialling or stay on the line.
2. Call Refuge on 0808 2000 247 — 24/7, free, confidential. Refuge can arrange emergency accommodation and walk you through the immediate next steps.
3. Call NCDV on 0800 970 2070 for free preparation, filing, and service of Form FL401 within 24 hours. No means test. The caseworker drafts the s.45(2) statement to the standard the 2026 PFD Guidance requires.
4. Photograph injuries, damage, and threatening messages. Save them to cloud storage outside your home and to a trusted relative or friend. These become the evidence base for the FL401 statement.
5. Gather your documents. Passport, BRP, driving licence, birth certificates of any children, bank cards, medication. If the perpetrator has hidden any of these, NCDV and Refuge can advise on getting replacements.
6. If a non-molestation order is in place and the respondent breaches it — call 999 if there is risk, or 101 for non-urgent breaches. FLA 1996 s.42A makes any breach an arrestable criminal offence; police can act at the door without referring back to a civil court.
7. If you have been forced into marriage, or are at risk of forced marriage or honour-based abuse — call Karma Nirvana on 0800 5999 247 or the Forced Marriage Unit on 020 7008 0151. A Forced Marriage Protection Order under FLA 1996 Part 4A is available alongside an FL401.

After the order — the paid playbook

NCDV, Refuge, Rights of Women, Galop, Men's Advice Line and Karma Nirvana are always free and should always come first. Once you have an order — or you are waiting for the return hearing — the Commoner Law playbook walks you through everything that comes next: serving the order, reporting breaches, attending the return hearing, applying to renew or extend, dealing with cross-applications, and the interaction with occupation orders and child-arrangements proceedings.

• UK Non-Molestation & Occupation Order Playbook — plain-English walkthrough of FLA 1996 Part IV from FL401 to return hearing, the s.42A breach lever, the interaction with occupation orders and child-arrangements proceedings, and the post-order maintenance steps (renewal, variation, enforcement, and the cross-examination ban under DA Act 2021 s.65).
• Contact Commoner Law — if a hotline number above no longer works, tell us so we can update this page. We monitor and re-verify every quarter.