Non-Molestation Order — statement to court

Sworn statement to accompany the Form FL401 application to the Family Court for a Non-Molestation Order under section 42 Family Law Act 1996. Non-means-tested Legal Aid available.

Draft template. This letter is being reviewed by a regulated solicitor before publication. You can use it now as a starting point, but read the surrounding guide carefully and consider getting free legal advice before sending.

SAFETY FIRST. Call Refuge 0808 2000 247 (24/7) before filing. Non-means-tested Legal Aid is available for Non-Molestation Order applications — find a Legal Aid family law solicitor before filing. Form FL401 plus this statement; the court can grant the order without notice in emergency. Breach is automatic arrest and up to 5 years imprisonment.

AI cross-check (2026-06-15) — pending regulated solicitor sign-off

This letter cites the following authority, which the AI has checked against current GOV.UK / legislation.gov.uk:

  • Section 42 Family Law Act 1996 (Non-Molestation Order): confirmed currently in force. The court's power to make a Non-Molestation Order is under s.42 FLA 1996 — correctly cited in the statement.
  • Section 62 Family Law Act 1996 ("associated persons"): confirmed currently in force. The definition of "associated person" governs who can apply — correctly referenced in the statement.
  • Breach — automatic arrest and up to 5 years imprisonment: confirmed under s.42A FLA 1996 (inserted by the Domestic Violence, Crime and Victims Act 2004). Breach of a Non-Molestation Order without reasonable excuse is a criminal offence carrying up to 5 years imprisonment. Correctly stated.
  • Without-notice orders (formerly ex parte): confirmed under s.45 FLA 1996 — the court may make a without-notice Non-Molestation Order where there is a risk of significant harm. Correctly characterised.
  • Non-means-tested Legal Aid for Non-Molestation Order applications: confirmed under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), Schedule 1, Part 1, paragraph 12 — domestic abuse protection orders are within scope of Legal Aid without means-testing for the individual (subject to the domestic abuse evidence criteria).
  • Form FL401: confirmed as the current application form for Non-Molestation Orders and Occupation Orders in the Family Court.

Reviewer focus areas: (1) Confirm whether the Domestic Abuse Act 2021 has introduced any additional remedies (e.g. Domestic Abuse Protection Orders) that should be cross-referenced in this letter. DAPOs were piloted and may now be in force. (2) Confirm whether the Legal Aid criteria for domestic abuse have been updated following any recent review of LASPO. (3) Verify that the without-notice order procedure under s.45 FLA 1996 has not been modified by any Family Procedure Rules amendment. (4) SAFETY NOTE — confirm that the current Refuge helpline number (0808 2000 247) is still correct.

This AI cross-check is an aid only; final sign-off requires a regulated solicitor.

Your details

Use a confidential service address, not the address where you currently live, if you have safety concerns.

Specific incidents with dates, locations, words spoken, witnesses. Include the most recent and the most serious.

For example: "Order respondent not to use or threaten violence; not to attend my home or workplace; not to contact me directly or through third parties except via solicitors."

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.