How much does a non-molestation order cost?
Money worries should not stand between anyone and the court, and the system is set up so that the application itself costs nothing. This page sets out where costs can arise, for applicants and respondents, so there are no surprises. It does not tell you whether to apply or how to respond.
The court fee: none
Gov.uk's family court fees list (EX50), last updated 13 July 2026, shows "No fee" for:
- an application for a non-molestation order;
- an application for an occupation order;
- an application for a domestic abuse protection order (in the areas where these are being piloted).
The underlying rule is article 3A of the Family Proceedings Fees Order 2008, which switches off the general application fees in proceedings for these orders, including applications made within them. That is why there is normally no fee for an application on form FL403 to vary, extend or discharge an order either; confirm with the court office if you are unsure. Because nothing is charged, you do not need Help with Fees for the application itself.
Legal aid if you are applying
Advice and representation about non-molestation and occupation orders are within the scope of civil legal aid (Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1, paragraph 11). The usual financial test has limits on income and savings. For protective orders, the Legal Aid Agency's means testing guidance (updated August 2026) says it waives all upper eligibility limits when someone is applying for legal aid for an order for protection from domestic abuse, although a contribution may be required. In practice, that means:
- a higher income or savings does not automatically rule you out;
- you may still be asked to pay a monthly or lump-sum contribution, worked out from your means;
- the solicitor applies for legal aid for you; you cannot apply on your own.
The evidence of domestic abuse that gov.uk describes for legal aid in other family cases, such as children or finances, is a separate requirement. A legal aid solicitor will tell you what they need for a protective order application. Start with the gov.uk legal aid checker or Civil Legal Advice.
Legal aid if you are the respondent
The scope of legal aid for these orders is not limited to applicants. A respondent can apply through a legal aid solicitor, but the waiver of upper limits described above is for people applying for protection, so respondents are generally assessed under the ordinary income and capital limits and the merits test. If you are not eligible, our guide to alternatives to paying a solicitor for everything and the page on a lawyer for a non-molestation hearing set out other routes, including unbundled help and free advice clinics.
Costs orders: can you be made to pay the other side's legal costs?
Possibly, but it is not automatic. Under Family Procedure Rules Part 28, the court "may at any time make such order as to costs as it thinks just" (rule 28.1). Rule 28.2 applies most of the civil costs rules in Part 44 of the Civil Procedure Rules, but expressly leaves out rule 44.2(2), the civil starting point that the unsuccessful party pays. So there is no presumption either way, and each case turns on its facts.
Things a court may weigh include how each person has behaved in the proceedings, for example failing to follow directions, making or contesting an application unreasonably, or causing an avoidable adjourned hearing. If a costs application is made against you, ask the judge to explain the basis and the amount, and you are entitled to be heard on it.
Other costs to plan for
| Item | Typical position |
|---|---|
| Court fee for FL401 | None. |
| Bailiff service of the application or order | No fee when requested by the applicant on form D89. EX50 lists £47 for bailiff service of other documents. |
| Process server | A private alternative to the bailiff, which you pay for. Prices vary by firm and location. The server completes the FL415 statement of service. |
| Copies of court documents | £14 for up to 10 pages if you ask the court for copies (EX50). |
| Transcript of a hearing | Usually paid to an approved transcription company; ask the court for the request form if you need one. |
| Medical or police records for evidence | Sometimes free, sometimes a fee; gov.uk notes you might have to pay for a letter of evidence. |
| Interpreter at the hearing | The FL401 asks whether you need one, and the court tries to provide one. |
| Time off work, travel, childcare | Not recoverable as a rule. You can ask on the form to attend by video if travel or safety is a concern. |
| Appeal | A fee applies to most family appeals; check EX50 for the current amount and whether Help with Fees applies. |
Costs if a non-molestation order is breached
Breach is a criminal offence under section 42A of the Family Law Act 1996, so it is normally reported to the police and dealt with by the criminal courts. The person protected does not pay to report a breach. A protected person can alternatively ask the family court for an arrest warrant on form FL407, and our family court fees guide covers the fees list in more detail. A person charged with breach would need advice about criminal legal aid, which is a separate scheme.
Domestic abuse protection orders
Where they are available, gov.uk says there are no court fees for victims applying for a DAPO. At the time of checking they are piloted only where the respondent lives in Greater Manchester, Croydon, Bromley or Sutton, Hartlepool, Middlesbrough, Redcar, Cleveland or Stockton-on-Tees, or North Wales; elsewhere, a non-molestation order remains the family court route.
Free help that costs nothing
- Check if you can get legal aid, or call Civil Legal Advice.
- CourtNav, from RCJ Citizens Advice, prepares an injunction application online.
- Rights of Women provides free legal advice lines for women in England and Wales.
- The Men's Advice Line supports male victims of domestic abuse and the people helping them.
These organisations are independent and do not endorse EvidenceCanvas.
Where EvidenceCanvas fits, and where it does not. EvidenceCanvas is not legal aid and not a law firm, and it does not fill in, file or serve FL401 or any other form. It is a paid tool for drafting a chronology or statement from your own documents, with an account that is free to create and explore. If legal aid is available to you, a legal aid solicitor can do the work this page describes.
Questions people ask
- Is there a court fee for a non-molestation order?
- No. Gov.uk's EX50 family fees list shows no fee for non-molestation, occupation or domestic abuse protection order applications.
- Can I get legal aid for a non-molestation order if I earn too much for normal legal aid?
- Possibly. The Legal Aid Agency says it waives all upper eligibility limits for people applying for an order for protection from domestic abuse, though a contribution may be required. A legal aid solicitor makes the application.
- Can a respondent get legal aid?
- Legal aid scope for these orders is not limited to applicants, but respondents generally have to pass the ordinary means and merits tests.
- Will the losing side have to pay the other side's costs?
- Not automatically. The family rules leave out the civil "loser pays" starting point, and the court can make whatever costs order it thinks just, often looking at conduct during the case.
- Does serving the order cost anything?
- Not if the applicant asks a court bailiff to serve it using form D89. A private process server is an alternative that you would pay for.
Checked on 23 October 2026: gov.uk EX50 family court fees; Family Proceedings Fees Order 2008 art.3A; LAA civil legal aid means testing; gov.uk legal aid; FPR Part 28; gov.uk injunction guide; LASPO 2012 Sch.1 para.11. General information for England and Wales, not legal advice. Your court's directions take priority over this guide.