What is a non‑molestation order?
A non‑molestation order protects you or a child from domestic abuse or harassment and can prevent someone from coming near your home. You apply using form FL401, and there are no court fees. The order usually lasts six to twelve months and can be extended.
What is an occupation order?
An occupation order decides who should live in, or return to, the family home. It can exclude a partner who is abusive or threatening. Occupation orders and non‑molestation orders are often applied for together in Cardiff.
How do I apply?
- Complete form FL401 and a supporting witness statement.
- You must include a statement of truth confirming the facts are correct.
Are there any fees?
No. There are no court fees to apply for a non‑molestation or occupation order.
Additional information on domestic abuse
Once granted, a non‑molestation order usually lasts six to twelve months and can be renewed. Breaching the order is a criminal offence. An occupation order in Cardiff can exclude a perpetrator from the home or specific rooms and may be combined with a non‑molestation order. In emergencies we can seek a “without notice” order to provide immediate protection.
There are two main types of occupation order. A declaratory order confirms or grants the right to occupy a property, for example where one partner has been locked out. A regulatory order regulates who can enter or live in the property or restricts a party from coming within a defined area around it. When deciding whether to make an occupation order, the court looks at the parties’ housing needs, financial resources, conduct and, most importantly, the likely harm to the applicant and any children if an order is not made. The court can attach a power of arrest to the order if there has been violence or threats; if the respondent breaches the order they can be arrested without a warrant. We will guide you through the process and gather evidence to demonstrate why an order is necessary, taking into account the balance‑of‑harm test.
There are a number of charities that can support victims of domestic abuse. Here you can find more about domestic abuse support.
Othre ways that you can support children is via a child arrangement order application.
