Following domestic violence
If you think you may be entitled to apply for an injunction and that you meet the associated
persons criteria, you may wish to proceed with an application to Court for a Non-Molestation
Order, or an Occupation Order
Domestic violence injunctions under the Family Law Act
Step 1 - The application is made on Form FL401 and is supported by a statement detailing
the facts of the case and the reason for the application. Three copies of each should be
provided to the Court.
Step 2 – The Court will provide sealed (officially stamped) copies of the application and a
Form FL402 which gives notice of the hearing date.
Step 3 – The Respondent must be provided with the sealed application and the notice on
Form FL402 at least 2 clear days before the hearing date (unless the Court has directed
otherwise). This is referred to as ‘Service’ of the application. Service can be by post or in
person but it is vital that the Respondent receives the documents and as such, service in
person is recommended. This can be by a solicitor, a friend or by a professional process
Step 4 – if the application is for an Occupation Order, the Landlord or mortgage provider for
the property must also be served with the application.
Step 5 – Once service has been effected, a Statement of Service on Form FL415 must be
completed and sent to the Court.
Step 6 – If the Respondent wishes to, he/she may file a statement in response or
alternatively may issue a cross application.
Step 7 – Attend the hearing. The Court may make the orders or may make directions to
take the case forward.
Step 8 – If final orders are made, the Respondent and any Landlord/mortgage provider must
again be served with a sealed order. If a Non-molestation order, or an Occupation order
with power of arrest, is made, a copy should be provided to the local Police station.