Non-molestation orders and occupation orders are the two main protective injunctions under the Family Law Act 1996. They do different jobs: a non-molestation order stops someone harassing, threatening or abusing you, while an occupation order decides who is allowed to live in the family home. This guide explains what each order does, who can apply, how the court decides, how to apply using form FL401, and what happens if you are on the receiving end of an application.
Non-Molestation and Occupation Orders in the UK
Both orders come from the Family Law Act 1996 and are made in the family court. They are civil orders, not criminal charges, but they carry real force — breaching a non-molestation order is itself a criminal offence. You can apply for one or the other, or both together, depending on whether your concern is your safety, your home, or both.
Neither order requires you to have suffered physical violence. Courts recognise that domestic abuse includes emotional, psychological, economic and coercive or controlling behaviour, and either order can be granted on that basis where the conduct justifies it.
A non-molestation order protects you from harassment, threats and abuse by prohibiting the other person’s behaviour. An occupation order decides who can live in, or enter, the family home — it can exclude the other person from the property or from an area around it. One protects your safety; the other protects your housing. Many people apply for both.
What Is an Occupation Order
An occupation order regulates who can live in the family home and on what terms. The court can exclude one person from the property entirely, order them to stay away from a defined area around it, allow someone back in who has been shut out, or set rules for how a shared home is used while a dispute is resolved. It can also deal with who pays the mortgage, rent and bills in the meantime.
Occupation orders are used where a relationship has broken down or there has been abuse and it is no longer safe or workable for both people to remain under the same roof. Because they can remove someone from their own home, the court weighs the application carefully rather than granting one automatically.
The balance of harm test
The central question for an occupation order is the balance of harm test. The court compares the harm you and any children would suffer if the order is not made against the harm the other person would suffer if it is. If the harm to you or the children is likely to be significantly greater, the court will normally make the order. Judges look at each person’s housing needs and resources, financial position, health and safety, the conduct of both parties, and above all the welfare of any children.
Who can apply
To apply you must be an “associated person” — broadly, someone connected to the other person through family or relationship. That includes current or former spouses and civil partners, cohabitants, people who have been in an intimate relationship of significant duration, relatives, and people who share parental responsibility for a child. An intimate relationship does not have to have been sexual to qualify.
What Is a Non-Molestation Order
A non-molestation order protects you from being “molested” — a deliberately wide term that covers harassment, pestering, threats, intimidation and any behaviour that causes you distress. It is not limited to physical violence, and it can prohibit contact of every kind, whether in person, by phone or message, through social media, or through other people.
- Using or threatening violence against you or your children
- Contacting you directly or through someone else
- Coming to your home, workplace, or your children’s school
- Following, watching or otherwise harassing you
- Damaging or interfering with your property or possessions
Power of arrest and what happens if it is breached
Breaching a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996, carrying a maximum sentence of five years’ imprisonment. That criminal status is what makes the order powerful: the police can arrest a suspected breach and put the matter before the criminal courts, without you needing to bring a separate case. This is a key difference from most other civil injunctions, where enforcing a breach falls to the person who obtained the order.
The Difference Between the Two Orders
The two orders solve different problems and can be used together. The table below sets out how they compare on the points that matter most when deciding which you need.
| Aspect | Non-molestation order | Occupation order |
|---|---|---|
| Main purpose | Stop harassment, threats and abuse | Decide who can live in or enter the home |
| What the court asks | Whether an order is needed to protect health, safety or wellbeing | The balance of harm test |
| Breach | A criminal offence — up to 5 years’ imprisonment | Contempt of court, or arrest where a power of arrest is attached |
| Typical length | Often 6 to 12 months, renewable | Usually up to 6 months, renewable |
Where an abuser both harasses a victim and refuses to leave the home, the two orders are often applied for together, so that safety and housing are dealt with at the same time.
How to Apply, and Emergency Orders
You apply for either order using form FL401, which asks about your relationship to the other person, what has happened, and the protection you are asking for. There is no court fee for applying, and a supporting witness statement setting out the incidents and their effect on you is usually the heart of the application.
- Complete form FL401 and a witness statement describing the abuse
- File it at the family court, in urgent cases asking for a hearing without notice
- At a without-notice hearing the court can make a short-term order the same day
- A full hearing is then listed so the other person can respond
- Legal aid may be available, and a solicitor can seek emergency funding
In an emergency the court can make a without-notice order before the other person is told, where warning them would defeat the purpose or increase the danger. A without-notice order is short — commonly around a couple of weeks — and holds the position until a full hearing takes place with both people present. If you are ever in immediate danger, call 999 first.
Responding to or Disputing an Order
If an application has been made against you, or a without-notice order already served on you, you are entitled to respond at the full hearing before any final order is made. Taking early advice matters, because these orders can affect where you live and, in the case of a non-molestation order, expose you to criminal liability if you later breach it.
At the hearing you can file your own witness statement, challenge the account given against you, and put forward your side of events. Where the application overstates or misrepresents what happened, the court can decline to make an order, make a more limited one, or accept undertakings — formal promises to the court — instead. It is also open to the court to make cross-orders where both people have behaved in a way that justifies protection. Because a non-molestation order carries criminal consequences for breach, it is unwise to ignore an application in the hope it will go away.
Do not breach an order while you dispute it. An order remains fully in force until a court changes or discharges it, even if you believe it was wrongly made. Breaching a non-molestation order is a criminal offence regardless of the merits of the underlying application — challenge it through the court, not by ignoring it.
Frequently Asked Questions
What is the difference between a non-molestation order and an occupation order?
A non-molestation order stops someone harassing, threatening or abusing you by prohibiting their behaviour. An occupation order decides who can live in or enter the family home and can exclude the other person from it. One protects your personal safety; the other protects your housing. They are often applied for together.
What is an occupation order?
An occupation order is a family court order that regulates who can live in the family home. It can exclude one person, keep them away from an area around the property, let an excluded person back in, set rules for a shared home, and deal with who pays the mortgage, rent and bills while the dispute is resolved.
How do I get an occupation order in the UK?
You apply on form FL401, showing that you are an “associated person” and setting out why an order is needed. The court applies the balance of harm test, weighing the harm to you and any children if no order is made against the harm to the other person if it is. A clear witness statement and any supporting evidence are central to the application.
What evidence do I need for an occupation or non-molestation order?
A detailed witness statement describing the incidents and their effect on you is the core of any application. Supporting evidence can include messages, emails, photographs of injuries or damage, medical records, police reports, and statements from people who witnessed the abuse. You do not need every kind of evidence — a credible account supported by what you have can be enough.
Can I get an order for emotional or coercive abuse rather than violence?
Yes. Neither order requires physical violence. Courts recognise emotional and psychological abuse, economic control and coercive or controlling behaviour as domestic abuse, and either order can be granted where that conduct justifies protection or makes it intolerable to continue living together.
How long do these orders last?
A non-molestation order commonly lasts between six and twelve months and can be renewed if protection is still needed. An occupation order is usually made for up to six months and can be extended. The court sets the length based on the ongoing risk, any change in circumstances, and the welfare of any children.
What happens if someone breaches a non-molestation order?
Breaching a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996, with a maximum of five years’ imprisonment. The police can arrest a suspected breach and the criminal courts deal with it, so you do not need to bring separate proceedings. Report a breach to the police and keep any evidence of it.
An order has been made against me — what should I do?
Take advice quickly and attend the full hearing, where you can file your own statement and challenge the application. The court can refuse an order, limit it, or accept undertakings instead. Do not breach the order in the meantime, even if you believe it is unjustified, because a non-molestation order carries criminal consequences for breach regardless of the dispute.
Fast, practical help applying for protection from harassment, threats and abuse, including urgent without-notice court applications
Advice on excluding an abuser from the home and securing your housing while the court decides
Support if an application has been made against you, including challenging it or agreeing suitable undertakings
Whether you need protection urgently or an order has been made against you, early advice makes a real difference, so speak to the family team at Connaught Law today.
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