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How to fill in a Non-Molestation Order for Court - FL401

If you need to protect yourself, and it is safe for you to do so, getting a non-molestation order may be the way you choose to go. To do this you will need to go to the family court under the Family Law Act 1996: Non-Molestation Order (often referred to as a 'Non-Mol').

With a non-molestation order you can do two things:

(1) A Non-Molestation Order - if you want someone to stop physically abusing you.

(2) An Occupation Order - if you need an abusive person to leave your home.

With emotions running high, it can feel daunting, but there is help out there. You may think it is better to speak to a solicitor - but solicitors are not always the best first port of call. They may be busy, not understand about narcissism and take their time. A non-molestation order may be required when time is of the essence - so always go to a charity, such as Woman's Aid: www.womansaid.org.uk or The National Centre for Domestic Violence: www.ncdc.org.uk who are not only specialised in the area, but can often help you within much shorter time-frames (and at less cost).

The other option is to go to a charity that will help you fill in the FL401 yourself. This is advicenow.org.uk.

These are the terms that you are going to want to understand and know about:

(1) Non-Molestation Order - This seeks to prohibit a person from carrying out certain actions e.g. threatening violence, approaching, damaging property.

(2) Occupation Order - This is occupation of a named property if you have legal/’home rights’ (through marriage) to occupy the house.

(3) Applicant - the person applying for the non-molestation order

(4) Respondent - Your alleged abuser

(4) With or Without Notice - Without notice means that the alleged abuser is not in attendance at court. This will only be possible if there is a significant risk of harm, where you may be deterred or prevented from pursuing an application if it is not made immediately or where the respondent is deliberately evading service. If you do not fulfil these criteria the application will be made with notice, which means that the respondent will need to attend the court also.

(5) Relationship to the Respondent E.g. Married, Civil Partnership, cohabiting, were cohabiting (living together as if they were married), intimate personal relationship (sexual relationship) which was of significant duration (duration is not defined).

(6) Types of harm: A non-molestation order may consider:

Physical harm

• Direct threats, physical abuse

• Threats to harm other people

Emotional harm

• This could be stalking

• Intimidating and harassing behavior

• How it has affected wellbeing

• Isolation

Financial harm

• This could include pressurised regarding money.

• Theft of goods

Reputational harm

• The courts would only be concerned with direct threats which are of such a degree to justify intervention by the court.

(7) Non-Molestation Order Terms that you can request are:

• Cannot use violence against you, nor instruct, encourage or in any way suggest that any other person should do so

• Cannot threaten violence against you, nor instruct, encourage or in any way suggest that any other person should do so

• Must not intimidate, harass or pester and must not instruct, encourage or in any way suggest that any other person should do so

• Must not damage, attempt to damage, tamper with or threaten to damage or tamper with any property owned by or in possession or control of [you] and must not instruct, encourage or in any way suggest that any other person should do so

• Must not go to, enter or attempt to enter [property] or any property where the respondent knows or believes [you] are living and must not go within 50 meters of the address.

(8) Duration - Routinely orders are made for a duration of one year.

(9) Occupation Order - Stating the address you want to occupy and why you are entitled to occupy the property and why the respondent is entitled to occupy.

(10) Interpreter at court - You have the option to ask for an interpreter at court and the language.

(11) Evidence - All accusations of abuse will need to be evidenced.

(12) Witness statement – Get help filling this in. This will need to state the facts. You can download a template from https://www.advicenow.org.uk/statement-injunction

A witness statement will have to include things like:

• Written in your own words in the first person e.g. ‘I’ statements

• State facts and specify the source of the information

• Relevant dates and times of incidents

• Supporting evidence e.g. from Police / Health workers / Hospital

• A timeline – chronological order of events

• Use numbered paragraphs

• Statement of Truth

(13) Service on the Respondent - You will need a process server (a person, separate to you) to serve the respondent personally with a copy of the application notice to make it valid.

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