An application for a non-molestation and/or occupation order
is made to the court where the divorce proceedings are taking
place. The applicant files with the court an application in Form
FL401 (available on the Courts Service website – www.hmcourts-service.gov.uk), together with a sworn statement, setting out the grounds of the application. A court fee of £60 is payable. The applicant should also file a draft of the order that they are seeking (see Form FL404).
After the application is filed, the court will fix a hearing date and issue a notice of proceedings with the date on it. The applicant will then have to arrange for the respondent to be personally served with the notice, together with copies of the application and sworn statement, not less than two days before the hearing date (the court can shorten this time in cases of emergency). After service, a statement of service (Form FL415) must be filed with the court.