Forms Under Domestic Violence

List of form on this page

List of form on this page

FL401 - Application for a non-molestation order and occupation order

This form is used to apply for a non-molestation order or an occupation order if you’re a victim of domestic violence and the person you want to be protected from (‘the respondent’) is:

  • someone you’re having or have had a relationship with
  • a family member
  • someone you’re living or have lived with

Who can apply: non-molestation order

Husband, wife, civil partner or other relationship

You can apply if you’re a victim of domestic violence and the respondent is your:

  • husband, wife or civil partner
  • former husband, former wife or former civil partner
  • fiancé, fiancée or proposed civil partner
  • former fiancé, former fiancée or former proposed civil partner – if your engagement or agreement to form a civil partnership ended less than 3 years ago
  • boyfriend, girlfriend, partner or a person you’re in or have been in a relationship with for more than 6 months
If you were engaged to or had agreed to form a civil partnership with the respondent, you’ll need to provide evidence, such as a ring or statement from a witness who attended a ceremony or celebration.

Family member

You can apply if the respondent is a close family member, for example a parent, brother, sister, aunt or uncle.

People who have parental responsibility for your child or grandchild

You can apply if you have a child or grandchild and the respondent is the child’s parent or person you share parental responsibility with.If your child (or grandchild) has been adopted, you can also apply to get an injunction against their:

  • adoptive parent
  • anyone who has applied to adopt them
  • anyone the child has been placed with for adoption

You can also apply for an order against the child or grandchild if they’ve been adopted.

You can report anyone who abuses you to your neighbourhood police team.

You can apply for an occupation order if you’re a victim of domestic violence and meet the requirements. The order will say who can live in the family home or enter the surrounding area.You can apply if:

  • you own or rent the home and it is, was, or was intended to be shared with a husband or wife, civil partner, cohabitant, family member, person you’re engaged to or parent of your child
  • you don’t own or rent the home but you’re married or in a civil partnership with the owner and you’re living in the home (known as ‘matrimonial home rights’)
  • your former husband, wife or civil partner is the owner or tenant, and the home is, was, or was intended to be your shared matrimonial home
  • the person you cohabit or cohabited with is the owner or tenant, and the home is, was, or was intended to be your shared home

Who can apply: occupation order

You can apply for an occupation order if you’re a victim of domestic violence and meet the requirements. The order will say who can live in the family home or enter the surrounding area.You can apply if:

  • you own or rent the home and it is, was, or was intended to be shared with a husband or wife, civil partner, cohabitant, family member, person you’re engaged to or parent of your child
  • you don’t own or rent the home but you’re married or in a civil partnership with the owner and you’re living in the home (known as ‘matrimonial home rights’)
  • your former husband, wife or civil partner is the owner or tenant, and the home is, was, or was intended to be your shared matrimonial home
  • the person you cohabit or cohabited with is the owner or tenant, and the home is, was, or was intended to be your shared home

Telling people about the application

You must arrange for a copy of your application and witness statement to be ‘served’ on the person named in the application. This means making sure they get a copy of the documents in person.

Your solicitor will do this if you’re using one or you can ask the court to serve the documents.

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