Feeling Unsafe at Christmas? How to Get a Non-Molestation Order
Last updated: 28 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: If you're in danger, call 999. If you feel unsafe at home or around an ex this Christmas, you can apply to get a non-molestation order under the Family Law Act 1996. There's no court fee, you can apply online or with form FL401, and you can ask for an emergency order without warning the other person.
Question | The short answer |
|---|---|
What can I apply for? | A non-molestation order (to stop abuse, threats or harassment) and, where the home is the issue, an occupation order |
The law | Family Law Act 1996, Part IV: section 42 (non-molestation), sections 33 to 38 (occupation), section 45 (orders without notice), section 42A (breach is a crime) |
Where it applies | England and Wales |
What does it cost? | No court fee to apply |
Key timing | Emergency orders can be made without notice; apply as early as you can before the Christmas break |
Source checked | GOV.UK and legislation.gov.uk, 28 October 2026 |
Christmas is meant to be a happy time, but for some people it's the hardest part of the year. Families are under one roof for longer, money is tight and arguments about the children can flare up. If someone close to you is frightening you, hurting you or won't leave you alone, you don't have to just get through it and hope January is better.
This guide explains what you can do now: who to call, how to get a non-molestation order, and when an occupation order might help. It's written for anyone, whatever their gender. Abuse isn't only physical, either. Controlling or threatening behaviour counts too, and our guide on what coercive control is in UK law explains how the law looks at that.
What should I do if I feel unsafe right now?
If you're in immediate danger, call 999 and ask for the police. That includes Christmas Day.
If you call 999 from a mobile and can't speak, listen to the operator and press 55 when you're asked. This puts you through to the police, but GOV.UK points out it doesn't let them track where you are, so give your address as soon as you safely can. If you're deaf or can't use a phone, register with emergencySMS by texting REGISTER to 999, ideally now while it's safe.
For support that isn't an emergency, these free helplines are listed on GOV.UK:
England: Refuge's National Domestic Abuse Helpline, 0808 2000 247, free and open 24 hours a day.
Wales: Live Fear Free, 0808 80 10 100, open 24 hours a day, every day of the year.
Men: the Men's Advice Line, 0808 801 0327.
Anyone affected by crime or abuse: Victim Support, 08 08 16 89 111, open 24 hours.
If you're worried about your own behaviour: the Respect Phoneline, 0808 802 4040, Monday to Friday, 9am to 8pm.
You can also ask the police, under the Domestic Violence Disclosure Scheme (often called Clare's Law), whether a partner has a history of abuse.
How do I get a non-molestation order?
A non-molestation order is a family court order that stops someone from using or threatening violence against you or your child, and from intimidating, harassing or pestering you. It's made under section 42 of the Family Law Act 1996. The court looks at all the circumstances, including your health, safety and well-being and that of any child. Our plain-English guide what a non-molestation order is answers the common questions.
To get a non-molestation order, you apply to a family court that deals with domestic abuse cases. GOV.UK gives you three ways to do it:
Online: the RCJ Citizens Advice CourtNav service helps you prepare the application.
By email or post: fill in form FL401 and write a supporting statement explaining what happened. There's a template statement (FL401T) on GOV.UK.
In person: hand the documents in at a court that deals with domestic abuse cases.
Your supporting statement needs a statement of truth at the end, which you sign and date. Keep it factual: what happened, when, and how it has affected you and the children. You don't need to make it sound legal. A clear, honest account is what the judge wants. We go through the forms step by step in our guide on how to apply for a non-molestation order in the family courts.
There's no court fee for a non-molestation or occupation order. You may also be able to get legal aid to cover advice, and GOV.UK has a quick checker on whether you qualify. If you can't get legal aid, GOV.UK says your online application can be sent to a legal adviser at RCJ Citizens Advice to check for free.
Who can apply?
You can usually apply if the person you need protection from is someone you're in, or have been in, a relationship with, a family member, or someone you live or have lived with. GOV.UK gives examples: a husband, wife or civil partner (current or former), a fiancé or fiancée (if the engagement ended within the last three years), a partner you've been with for more than six months, a parent, sibling, aunt or uncle, or the other parent of your child.
If you're under 16, you need the High Court's permission to apply. If you're 16 or 17, you need an adult, called a litigation friend, to bring the case for you.
How fast can you get a non-molestation order?
The quickest route is an emergency order made without notice.
What is an ex parte application?
If you need protection straight away, ask for an emergency order when you apply. You don't have to tell the other person first. This is called a "without notice" or ex parte application, and section 45 of the Family Law Act 1996 allows it where it's just and convenient.
The judge will think about whether there's a risk of significant harm if the order isn't made at once, whether you might be put off or stopped from going ahead if you had to warn the other person, and whether they're deliberately avoiding being served. Our article on ex parte orders in family law explains this in more detail.
An emergency order usually lasts until the full hearing. The other person must then be told about the order and given the chance to have their say at that hearing. GOV.UK doesn't give a fixed timescale, but the emergency route exists for situations where waiting would leave you at risk.
A practical point for Christmas: don't wait until the last few working days before the holiday. If things are getting worse now, apply now.
What happens after I apply?
The court sends a notice telling you when the hearing will be. The papers then have to be served on the other person, which means handed to them in person. GOV.UK is clear that you shouldn't do this yourself. A solicitor can arrange it, or you can ask the court for a court bailiff to serve them for free, using form D89.
The hearing is private. Usually only you, the other person and any legal representatives can go in. If you need extra protection, or getting to court is hard, you can ask for the hearing to be by video or phone, giving your reason when you apply. You can also apply not to be questioned by the other person. In family cases started on or after 21 July 2022, the Domestic Abuse Act 2021 also stops abusers questioning their victims in person in certain situations, as we explain in our guide to the cross-examination ban in family courts.
At the end of the hearing the judge might make the order, make a short interim order while more information is gathered, or accept an undertaking. An undertaking is a formal promise to the court to do, or not do, something. The order itself will say how long it lasts. Under section 42(7), it can be for a set period or until further order.
Can I get an occupation order to stay in the home?
An occupation order decides who can live in the family home, and can stop someone coming into the surrounding area. Who can apply depends on your housing. GOV.UK says you can usually apply if you own or rent the home and it was shared (or meant to be) with a partner, family member or your child's parent, if you're married to or in a civil partnership with the owner and living there, or if your former spouse, civil partner or cohabitant owns or rents the home you shared.
Because an occupation order can affect someone's right to live in their own home, the court looks at it carefully. You can apply for both orders on the same FL401 form. Our guide on what an occupation order is goes through the tests the court uses.
What if the order is broken over Christmas?
Breaking a non-molestation order without a reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996. The maximum sentence in the Crown Court is five years in prison. A person named in an injunction can be arrested if they breach it.
If it happens, call 999 if you're in danger, or report it to the police. Keep a note of what happened, with dates and times, and save any messages. Our article on what happens when you breach a non-molestation order explains the process.
What about the children's Christmas arrangements?
A protective order doesn't automatically end a child's relationship with their other parent. Contact is decided separately, and the court's main concern is the child's welfare, which includes keeping them and you safe. If handovers are where things go wrong, you can ask about handovers at a contact centre, through a third party, or contact being put on hold until the court can look at it.
For example, if a parent has separated over the summer and the other parent keeps turning up at the house uninvited, sending threatening messages about Christmas, they might apply for a non-molestation order to stop the messages and visits, and separately ask for handovers to happen at a neutral place through a family member. Our guide to child arrangements over Christmas while separated covers planning the holidays more generally.
Is the Domestic Abuse Protection Order available near me?
There's also a newer order, the Domestic Abuse Protection Order (DAPO), which covers all forms of domestic abuse. It's currently a pilot running only in certain areas: Greater Manchester, the London boroughs of Croydon, Bromley and Sutton, Hartlepool, Middlesbrough, Redcar and Cleveland, Stockton-on-Tees, and North Wales. It's only available if the person you need protection from lives in one of those areas. Elsewhere, the orders above are the ones to use.
Frequently asked questions
Do I have to pay to get a non-molestation order?
No. GOV.UK says there's no court fee to apply. You can check whether legal aid will cover advice.
Will the other person know I've applied?
Not at first if you ask for an emergency order without notice. They'll be told once the order is made, and they'll have the chance to respond at the full hearing.
Can the police serve a non-molestation order?
GOV.UK doesn't list the police as an option. It says a solicitor can serve the papers, or you can ask the court for a court bailiff to do it for free using form D89. You shouldn't serve them yourself.
How long does a non-molestation order last?
It depends on the order. Under section 42(7) of the Family Law Act 1996 it can be for a set period or until further order, and the order will say which.
Can I apply if I'm a man?
Yes. Your gender makes no difference, as long as you're connected to the other person in one of the ways listed above. The Men's Advice Line (0808 801 0327) offers support.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court, but we can help you understand your options, prepare your FL401 application and supporting statement, organise your evidence and get ready for the hearing. Email us at help@incourt.co.uk or use the contact form on our website. You can read what other families say about us in our Google reviews.
Related guides
Sources
GOV.UK: Get an injunction if you've been the victim of domestic abuse (overview, eligibility, how to apply, after you apply, your court hearing; checked 28 October 2026)
GOV.UK: Domestic abuse: how to get help (checked 28 October 2026)
GOV.UK: Form FL401 (checked 28 October 2026)
Family Law Act 1996, section 42, section 42A and section 45 (legislation.gov.uk, checked 28 October 2026)
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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