Served with an FL401? What to do next
An FL401 is the court form used to apply for a non-molestation order or an occupation order. If it has been served on you, you are the respondent. This page explains what that means and what sensible first steps look like.
What is an FL401?
Form FL401 is the application used in the Family Court in England and Wales under Part 4 of the Family Law Act 1996. It asks the court for a non-molestation order, an occupation order, or both. The person who applied is the applicant. You, as the person the application is against, are the respondent.
Being served with an application is an allegation, not a finding. The court only decides what is true after considering the evidence.
What you should have received
- The FL401 application form itself
- A witness statement (sworn statement) from the applicant setting out what they say happened
- A notice of hearing telling you the date, time and court
- Any order already made, if the court acted before you could be heard
- Sometimes a form giving the applicant's details if their address is kept confidential
Keep every page together and in order. Photograph or scan the full set so you always have a copy.
Your first 48 hours
- Read everything carefully, start to finish
- Write down the hearing date, time and court. These cases can move within days
- If an order has been made, read exactly what it says you must not do and follow it
- Do not contact the applicant if the papers or an order say you must not
- Do not delete messages, emails or photographs. Keep them safe, even if they seem unhelpful
- Start a clear, dated account of events in your own words while it is fresh
- Get support early. Delay is the most common regret respondents tell us about
Why the timescales matter
Applications for protection are treated as urgent. A first hearing can be listed quickly, and the court may make an order at that hearing. If you cannot attend, the court may decide in your absence. If you cannot make the date, contact the court and get support straight away.
Getting legal advice, including legal aid
Justice Centre does not provide legal advice. If you want advice about your own case, a solicitor can give it. Legal aid may be available to some respondents depending on income, savings and the merits of the case. Read more on our legal aid for respondents page.
How Justice Centre assists
- We explain the papers and process in plain English
- We help you check whether you may qualify for legal aid
- We refer you, with your consent, to an independent panel solicitor who does legal aid work
- We help you gather the documents a legal aid application usually needs
- We help you understand what to expect at your hearing
We cannot give legal advice or act as your lawyer. The solicitor does that.
Common questions
What does being served with an FL401 mean?
It means someone has applied to the Family Court for a non-molestation order, an occupation order, or both, and you are named as the respondent. You have been given the papers so you can respond and attend the hearing.
How long do I have to respond?
It depends on what the court directs. Urgent cases can be listed within days, so check your hearing notice immediately and get support early.
Can I get legal aid as a respondent?
It may be possible. Legal aid is means and merits tested, and a legal aid solicitor can assess it. See our legal aid page for how to check.
Should I contact the applicant to sort it out?
Not if the papers or an order say you must not. Contacting them can make matters worse and may be a breach of an order. Get support first.
Take the first step
Tell us a little about your situation and we will explain how we can help. Everything you share is treated in confidence.
Make a Referral