Non-Molestation Order Bundle: What to Include and How to Prepare It
Complete guide to preparing a non-molestation order bundle for an FL401 application under the Family Law Act 1996 Part IV. Covers witness statements, supporting evidence, without-notice applications, DASH risk assessments, occupation orders, and Practice Direction 27A compliance.
In Brief
Complete guide to preparing a non-molestation order bundle for an FL401 application under the Family Law Act 1996 Part IV. Covers witness statements, supporting evidence, without-notice applications, DASH risk assessments, occupation orders, and Practice Direction 27A compliance.
Non-Molestation Order Bundle: What to Include and How to Prepare It
Last updated: March 2026
Correction 2026-04-24. An earlier version of this guide described PD27A as requiring consecutive pagination throughout FL401 bundles. FL401 applications under the Family Law Act 1996 Part IV sit within PD27A Chapter 7 (all Family proceedings except financial remedy). PD27A para 1.2 and Ch 7.2 require Bates numbering — sections denoted by letters with numbers restarting in each section (A1, A2, B1, B2 …). This article has been corrected against the verbatim text of the 2 March 2026 PD27A (as amended 24 March 2026 by FPR Practice Direction Update No 1 of 2026 — clarifying amendments only). Analysis:
~/Developer/wiki/legal/wiki/bundle-requirements/pd27a-bates-numbering.md.
Quick Answer
A non-molestation order bundle supports an FL401 application under the Family Law Act 1996 Part IV. It must include your completed FL401 form, a detailed witness statement, any supporting evidence of abuse (messages, photographs, medical records, police logs), and — in without-notice applications — a statement justifying why the respondent should not be notified. Organisations such as SafeLives estimate that on average victims experience 50 incidents of abuse before seeking help; thorough documentation is therefore essential to demonstrating the pattern of behaviour to the court.
If You Are in Immediate Danger
National Domestic Abuse Helpline: 0808 2000 247 (free, 24 hours, 7 days a week, run by Refuge)
If you are in immediate danger, call 999. For non-emergency police contact, call 101.
Introduction
Applying for a non-molestation order can be one of the most significant steps a person ever takes. The paperwork may feel overwhelming, particularly when you are already living under the shadow of fear or coercive control. This guide is written for anyone who needs to put together a court bundle in support of an FL401 application — whether you are acting as a litigant in person, working with a solicitor on an unbundled basis, or helping someone you care about navigate the process.
The Family Law Act 1996 Part IV gives the family court wide powers to protect victims of domestic abuse. But the court can only make an order if it is presented with clear, organised, and convincing evidence. A well-prepared bundle does not just improve your chances — it can save critical court time and, in emergency applications, help a judge act swiftly.
According to the Office for National Statistics, an estimated 2.1 million adults aged 16 to 74 experienced domestic abuse in the year ending March 2023. The Ministry of Justice reported 32,906 FL401 applications for non-molestation or occupation orders in 2023, a 9% increase on the previous year. Behind every one of those applications is a person who needed the court to understand their situation. Your bundle is how you make the court understand yours.
What Is a Non-Molestation Order?
A non-molestation order is a court order that prohibits a person from molesting, threatening, harassing, pestering, or using violence against an associated person or a relevant child. It is granted under section 42 of the Family Law Act 1996.
"Molestation" is deliberately broad. It covers physical violence, but also threatening behaviour, harassment, intimidation, and any conduct that causes or is likely to cause harm to a person's health, safety, or well-being. Courts have recognised this to include relentless telephone calls, turning up uninvited at a workplace, and sending abusive messages through third parties.
Who Can Apply?
You can apply if you are an associated person as defined by section 62 of the Family Law Act 1996. This includes:
| Relationship | Example |
|---|---|
| Current or former spouse or civil partner | Married couple, separated spouses |
| Current or former cohabitant | Living together as a couple |
| Person you are or were in an intimate relationship with | Partner you have never lived with |
| Family member | Parent, sibling, adult child |
| Person who has or has had parental responsibility for the same child | Co-parents |
| Relative | Grandparent, aunt, uncle, cousin |
The Domestic Abuse Act 2021 broadened the definition of domestic abuse to include not only physical and sexual abuse, but also psychological, emotional, coercive, controlling, and economic abuse, as well as "honour"-based abuse. This expanded definition informs how courts assess FL401 applications and what evidence they expect to see.
The Legal Framework
Family Law Act 1996 Part IV
Part IV (sections 30–63) governs both non-molestation orders (section 42) and occupation orders (sections 33–41). Non-molestation orders may be made on application or by the court of its own motion in any family proceedings.
A breach of a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996 (as inserted by section 1 of the Domestic Violence, Crime and Victims Act 2004), carrying a maximum sentence of five years' imprisonment. The criminal route operates alongside, not instead of, the civil enforcement power by committal.
Domestic Abuse Act 2021
The Domestic Abuse Act 2021 made significant reforms to the legal landscape:
- Created a statutory definition of domestic abuse encompassing a wide range of abusive behaviours
- Introduced Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) — though full rollout has been phased
- Strengthened the right of victims to give evidence via special measures
- Extended automatic special measures to all victims of domestic abuse in civil proceedings
- Clarified that the court must consider the impact of domestic abuse on children
Practice Direction 12J
Practice Direction 12J (Child Arrangements and Contact Orders: Domestic Abuse and Harm) applies wherever domestic abuse is alleged in proceedings involving children. If your non-molestation application is connected to proceedings about children — for example, if you are also applying under the Children Act 1989 — PD12J requires the court to take a proactive role in identifying domestic abuse early and ensuring adequate safeguards for victims.
PD12J:
- Requires the court to consider domestic abuse allegations at the earliest stage
- Mandates that Cafcass or a children's guardian carry out safeguarding checks
- Sets out the factors a court must consider before making a contact order where domestic abuse is proven
- Addresses the risk of cross-examination by alleged abusers in person (see also section 65 of the Domestic Abuse Act 2021, which restricts such cross-examination in family proceedings)
The FL401 Application Form
The FL401 is the prescribed form for applying for a non-molestation order and/or an occupation order under Part IV of the Family Law Act 1996. It is available from the HMCTS website.
The form requires you to set out:
| Section | What It Covers |
|---|---|
| Your details | Name, address (can be kept confidential — see below), contact details |
| Respondent's details | Name, address, date of birth if known |
| Relationship | How you are "associated" under the Act |
| Children | Details of any children in the household |
| Order requested | Whether you are applying for a non-molestation order, an occupation order, or both |
| Without-notice application | Whether you are asking the court to deal with the matter without telling the respondent first, and why |
| Other proceedings | Any existing family or criminal proceedings |
Address Confidentiality
If you are concerned that disclosing your address to the respondent would put you at risk, you can ask the court to keep your address confidential. You should note on the form that your address is confidential and provide it in a separate envelope or on a separate form C8 for the court's records only. Do not include your address anywhere that will be served on the respondent.
Without-Notice Applications
A without-notice application (sometimes called an ex parte application) asks the court to make an order before the respondent is told about the proceedings. This is appropriate where:
- There is a real and immediate risk of significant harm to you or a child if the respondent is notified
- You believe that if the respondent were given notice, they would take steps that would defeat the purpose of the order
- You are aware the respondent has recently threatened you or escalated their behaviour
The court has a high threshold for making orders without notice. The European Convention on Human Rights (Article 6, right to a fair trial) means that granting an order without giving the respondent an opportunity to be heard is a significant step. Your bundle must therefore include a clear statement explaining why without-notice relief is necessary.
If a without-notice order is made, there will always be a return hearing — usually within 7 to 14 days — at which the respondent can attend and the court reconsiders whether the order should continue.
What Your Without-Notice Statement Must Cover
- The specific incidents that give rise to the immediate risk
- Why you believe the respondent would take steps to defeat the application if notified
- Whether there are any children involved and what risk they face
- Any previous applications or proceedings between the parties
The DASH Risk Assessment
The DASH (Domestic Abuse, Stalking and Honour-Based Violence) Risk Identification, Assessment and Management Model is used by police and many specialist domestic abuse services to assess the risk of serious harm or homicide.
If the police have been involved, they may have completed a DASH risk assessment. A "standard", "medium", or "high" risk rating helps the court understand the severity of risk. A "high" DASH risk rating — or a MARAC referral (Multi-Agency Risk Assessment Conference) — is strong evidence of serious and ongoing risk.
If your local IDVA (Independent Domestic Violence Adviser) or domestic abuse service has completed a DASH assessment, request a copy and include it in your bundle. If one has not been completed, your solicitor or the court may ask specialist services to carry one out.
What Documents to Include in Your Bundle
FL401 applications are non-financial-remedy Family proceedings, so the section scheme is PD27A Ch 7.3 (with Bates labels A1, A2, B1, B2 … under Ch 7.2). Use only the sections that apply to your case — for a typical FL401 bundle that is A, B, C, E, F, G and I; sections D and H are for other kinds of proceedings.
Section A — Preliminary and case management documents
| Bates label | Document | Notes |
|---|---|---|
| A1 | Index | Lists every document with its Bates label |
| A2 | Case summary / chronology of recent escalation | Focused on the most recent and most serious incidents |
| A3 | Applicant's position statement | Up to 3 pages (PD27A Ch 7.18) |
| A4 | Without-notice justification statement | Only for without-notice applications — see guidance above |
Section B — Applications and orders
| Bates label | Document | Notes |
|---|---|---|
| B1 | FL401 application form | Fully completed and signed |
| B2 | FL415 Statement of service | Only where service has already taken place |
| B3 | Draft non-molestation order | What you are asking the court to make |
| B4 | Previous orders or injunctions | All existing orders between the parties |
Section C — Statements and affidavits (dated, no exhibits)
| Bates label | Document | Notes |
|---|---|---|
| C1 | Witness statement in support | Your detailed account — see below |
| C2 | Witness statements from third parties | Family, friends, neighbours who witnessed incidents |
Section E — Experts' and other reports
| Bates label | Document | Notes |
|---|---|---|
| E1 | IDVA or specialist support worker notes / reports | Where a referral has been made |
Section F — Relevant medical records
| Bates label | Document | Notes |
|---|---|---|
| F1 | GP notes, A&E records, referrals to specialist services | Dated, redacted where appropriate |
Section G — Relevant police disclosure
| Bates label | Document | Notes |
|---|---|---|
| G1 | Police records / DASH risk assessment | Request from police via subject access request or via your solicitor |
| G2 | Evidence of criminal proceedings | Police charges, cautions, or pending criminal matters |
Section I — Other relevant documents
| Bates label | Document | Notes |
|---|---|---|
| I1 | Photographs of injuries | Dated where possible; include description |
| I2 | Messages, emails, and social media | Screenshots with timestamps and sender details visible |
| I3 | Voicemails and call logs | Transcripts or descriptions where audio is not printable |
| I4 | Bank records | Relevant to financial abuse or economic control |
| I5 | Children's school or safeguarding records | Where children are at risk |
Writing Your Witness Statement
Your witness statement is the most important document in your bundle. It is your opportunity to tell the court what has happened in your own words. Courts read hundreds of statements; the most effective ones are clear, specific, and organised chronologically.
Structural Guidance
1. Heading Your statement must be headed with the case number (once allocated), the parties' names, and a statement number (e.g., "First Statement of [Your Name]"). It must include the statement of truth: "I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth."
2. Introduction Briefly introduce yourself, explain your relationship with the respondent, and state when the relationship began and ended (if applicable).
3. Background Describe the relationship in context: how you met, when abuse first began, whether it escalated, and the general pattern of behaviour.
4. Specific Incidents The most powerful evidence is a chronological account of specific incidents. For each one, note:
- The date (or approximate date)
- What the respondent said or did
- What injuries or harm resulted
- Who else witnessed it (if anyone)
- Whether you reported it to police or sought medical attention
5. Ongoing Impact Explain how the abuse has affected you and any children. This is relevant to whether a non-molestation order is "just and convenient" under section 42(2)(b) of the Family Law Act 1996.
6. Current Risk Set out why you believe you remain at risk. If the respondent has made recent threats, include these in detail.
What Courts Look For
| Factor | Why It Matters |
|---|---|
| Specificity | Vague allegations are harder to assess than dated, detailed incidents |
| Consistency | Your account should be consistent with supporting evidence |
| Pattern of behaviour | Coercive control is often shown through patterns, not single incidents |
| Impact on children | Courts give great weight to risks to children |
| Immediacy of risk | Particularly important for without-notice applications |
Occupation Orders
An occupation order under sections 33–41 of the Family Law Act 1996 regulates who can occupy the family home. It can require the respondent to leave, exclude them from a defined area around the property, or allow the applicant to re-enter.
Occupation orders are harder to obtain than non-molestation orders because they involve a greater interference with property rights. The court applies a balance of harm test under section 33(7): if the applicant or a relevant child is likely to suffer significant harm attributable to the respondent's conduct, the court must make the order unless the harm to the respondent or their children of making the order is as great or greater.
If you are also seeking an occupation order, your bundle should include:
- Land Registry title register (if you own the property)
- Tenancy agreement (if you rent)
- Mortgage statements (to show financial ties to the property)
- Evidence of the respondent's alternative housing options if relevant
Bundle Format and Presentation
Family court bundles must comply with Practice Direction 27A (Family Proceedings: Court Bundles), which applies to all hearings in the family court and the Family Division of the High Court.
Format Requirements
| Requirement | Standard |
|---|---|
| Pagination | Bates labels (A1, A2, B1, B2 …) under PD27A Ch 7.2 — each section has a letter and documents within the section are numbered from 1; numbers restart in every new section |
| Index | Detailed index at the front, cross-referenced to tab letters and Bates labels |
| Electronic format | Single searchable PDF, bookmarked by section |
| Paper size | A4 |
| Document order | Chronological within each section |
| File size | Under 20MB where possible |
Urgent/Emergency Applications
Where an application is made urgently — for example, by telephone or attended on the day — the full PD27A bundle requirements may be relaxed. However, you should always aim to:
- Present documents in a logical order
- Clearly label each document
- Have copies for the judge, for the court file, and — once served — for the respondent
The Hearing Process
First Hearing (Without-Notice)
If the court agrees to hear your application without notice, it will be listed before a judge, usually in private. You (or your solicitor) will make submissions based on your bundle. If satisfied, the judge will make a non-molestation order for a fixed period (commonly six to twelve months, sometimes longer) and list a return hearing.
Return Hearing
The respondent is served with the order and the application and given notice of the return hearing. At the return hearing, the respondent can:
- Consent to the order continuing
- Offer undertakings instead of an order
- Contest the application and ask the court to discharge the order
The court can accept undertakings (solemn promises) as an alternative to a formal order, but undertakings cannot be made where violence is alleged if they would not afford adequate protection, and crucially, undertakings are not criminal offences to breach.
Costs
There is no court fee for an FL401 application. Legal aid is available for domestic abuse applications regardless of income, subject to means testing, for those who can demonstrate evidence of abuse as defined in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). The Legal Aid Agency website sets out the qualifying criteria and acceptable forms of evidence.
Evidence Checklist
Use this checklist before filing your bundle:
Documents
- FL401 application form — fully completed
- Witness statement — dated, signed, statement of truth included
- Draft non-molestation order
- Draft occupation order (if applicable)
- Without-notice justification statement (if applicable)
- Chronology of incidents
Supporting Evidence
- Police crime reference numbers and/or DASH risk assessment
- Medical records — GP notes, A&E records
- Photographs of injuries or property damage
- Screenshots of messages (dates and contacts visible)
- Emails (printed with headers)
- Call logs or voicemail transcripts
- IDVA or specialist support worker records
- Witness statements from third parties
- Previous orders between the parties
- Evidence of criminal proceedings (charges, cautions)
Property Documents (Occupation Orders Only)
- Land Registry title register
- Tenancy agreement or mortgage statements
Bundle Formatting
- Bates pagination throughout (
A1, A2, B1, B2 …with numbers restarting in each section) - Detailed index at the front of Section A
- Electronic version in searchable PDF (if filing electronically)
- Address redacted or C8 form used if confidential
How BundleCreator Can Help
Preparing a domestic abuse bundle under time pressure is exceptionally stressful. BundleCreator provides:
- Pre-loaded FL401 bundle templates — structured to Practice Direction 27A, with correct tab lettering and section ordering
- Witness statement drafting templates — guided prompts for each required section, from background to current risk
- Automatic pagination and indexing — eliminates the manual error-prone step of numbering pages
- Secure document storage — your evidence is encrypted and accessible only to you
- Export-ready PDFs — formatted for filing at court or serving on the respondent's legal representatives
Many applicants use BundleCreator alongside the free guidance available from Refuge, Women's Aid, and their local IDVA service.
Getting Help
| Service | Contact |
|---|---|
| National Domestic Abuse Helpline (Refuge) | 0808 2000 247 (free, 24/7) |
| Women's Aid | womensaid.org.uk |
| Men's Advice Line | 0808 801 0327 (free) |
| Galop (LGBTQ+ domestic abuse) | 0800 999 5428 (free) |
| Karma Nirvana (honour-based abuse) | 0800 599 9247 (free) |
| Samaritans | 116 123 (free, 24/7) |
| Citizens Advice | 0800 144 8848 |
| Legal Aid Agency | gov.uk/legal-aid |
Frequently Asked Questions
Do I need a solicitor to apply for a non-molestation order?
No. You can apply as a litigant in person using the FL401 form available from the HMCTS website. However, the process involves detailed legal forms and a witness statement that must meet court standards. Legal aid is available for domestic abuse applications regardless of income for those who qualify, and many specialist domestic abuse organisations offer free legal support. If you can access a solicitor, even on an unbundled basis for the bundle preparation only, it is worth doing so.
How long does a non-molestation order last?
The court can grant a non-molestation order for a specified period or until further order. Initial orders made without notice are typically made for a short period pending the return hearing. Orders made after a full hearing commonly last six to twelve months, but the court has discretion to make them for longer, including indefinitely in serious cases.
What happens if the respondent breaches the order?
Breach of a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996. You should call 999 if you are in immediate danger. You may also report the breach to the police, who have power to arrest without warrant. Alternatively, you can apply to the family court for enforcement by committal (contempt of court proceedings), which can result in a fine or imprisonment.
Can I apply for a non-molestation order if I am not in a romantic relationship with the respondent?
Yes, provided you are an "associated person" under section 62 of the Family Law Act 1996. The Act covers a wide range of family and household relationships, including parents, siblings, and relatives. You do not need to have been in a romantic relationship with the respondent.
Will my address be kept secret from the respondent?
You can request that the court keeps your address confidential. You should write "Confidential — not to be disclosed to the respondent" next to your address on the FL401, provide your address on a separate C8 form for the court file only, and ensure that your address does not appear anywhere else in the bundle that will be served on the respondent.
What is an occupation order and is it different from a non-molestation order?
Yes. A non-molestation order prohibits specified behaviour (violence, harassment, pestering). An occupation order regulates who may live in the family home. You can apply for both on the same FL401 application. Occupation orders are generally harder to obtain because they involve a greater interference with property rights and require the court to conduct a balance of harm test under section 33(7) of the Family Law Act 1996.
I do not have much evidence. Can I still apply?
Yes. Your own detailed witness statement is itself evidence. Courts understand that many forms of abuse — particularly psychological, coercive, and controlling behaviour — leave no visible physical evidence. What matters is whether your account is credible, specific, and consistent. Include whatever supporting evidence you have, but do not let the absence of perfect documentation stop you from applying if you are at risk.
What is PD12J and does it affect my application?
Practice Direction 12J applies where domestic abuse is alleged in proceedings involving children — for example, if you are also making a child arrangements application. It requires the court to actively identify domestic abuse allegations, ensure safeguarding checks are carried out, and consider whether any contact arrangements are safe for victims and children. It does not directly affect a standalone FL401 application for a non-molestation order, but if your case involves children, you and your advisers should be aware of it.
This article provides general legal information and is not a substitute for legal advice. If you are at risk, please contact the National Domestic Abuse Helpline on 0808 2000 247 (free, 24 hours, 7 days a week). Legal aid may be available for your FL401 application — contact the Legal Aid Agency or Citizens Advice for further guidance.
Sources: Office for National Statistics, Domestic Abuse in England and Wales Overview (year ending March 2023); Ministry of Justice, Family Court Statistics Quarterly (2024); SafeLives, Insight Dataset 2022/23; Family Law Act 1996; Domestic Abuse Act 2021; Practice Direction 12J; Practice Direction 27A.
Ready to Create Your Bundle?
BundleCreator makes it easy to create Practice Directions compliant court bundles. Start your free trial today.
Start Free TrialFree tools mentioned in this article
Watch the short walkthrough
Short tutorial videos showing the exact BundleCreator features mentioned in this article.
Basics
Getting Started with BundleCreator
A guided tour of BundleCreator — the live activity log on your dashboard, PD-aligned numbering, multimedia evidence uploads, AES-256 encryption, plain-English templates, and timestamped share access. Built for litigants in person and legal professionals across England and Wales.
Onboarding
Creating Your First Bundle
Create a bundle in three clicks — from the dashboard Create Bundle button, through the 23-area-of-law picker, to picking a hearing type and watching the editor open. This walkthrough uses the Pro-tips Starter Bundle as the example so you see the flow without real-case complexity.
Basics
Using Templates Effectively
Over 370 templates across 22 areas of law, written for the UK courts. See how to open a template in the browser editor, type over yellow-highlighted drafting prompts, and produce a polished court document without a blank page to fear.
About the Author
Stevie Hayes
Legal Technology Compliance Specialist & Founder
Former Head of Data Security at Holland & Barrett, a Governance, Risk and Compliance specialist, Stevie brings over 30 years of technology expertise—including delivery for Sky, Disney, and BT—to court bundle compliance. His five years navigating the UK Family Court, both with legal representation and as a litigant in person, revealed the gap between what courts require and what tools deliver.
Areas of Expertise:
ISO 27001 Information Security • Data Security & Compliance • Practice Direction 27A • UK Family Court Procedures