Many respondents tell us the allegations against them are false, exaggerated or taken out of context. Sometimes an order is sought during a separation or a dispute about children or the home. Whatever the reason, the way you respond now matters.
Remember: no findings have been made
A without-notice order is made on the applicant's evidence alone. The court hasn't decided anything is true. You will have the chance to respond at the return hearing.
Practical steps
- Preserve evidence: export full message threads, emails, call logs and social media messages. Don't delete anything.
- Make a timeline of each incident the applicant describes, with what actually happened, where you were, and who else was there.
- Identify witnesses and ask whether they would give a statement.
- Collect documents: work rotas, travel tickets, receipts, location history, medical records.
- Get advice on your options: agreeing without admissions, an undertaking, or opposing the order. Opposing means a contested hearing. That may be right for you, but go in with your eyes open.
- Complete the FL435 on time and prepare your response statement.
Why it can matter to oppose an order
Where there is a child arrangements case, allegations of domestic abuse may be considered in that case too, and could affect your time with your children. Respondents in this situation are more likely to qualify for legal aid.
Writing your response statement
- Answer each allegation in order, using the applicant's paragraph numbers.
- Stick to facts: dates, times, places, who was present.
- Attach exhibits with clear labels (e.g. "Exhibit AB1 – WhatsApp messages 3–9 March").
- Avoid insults, speculation about motives, or irrelevant history.
- End with a statement of truth and sign it.
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Frequently asked questions
Can someone get a non-molestation order with no evidence?
A court can make a without-notice order based on the applicant's sworn statement. That's why the return hearing exists, so the respondent can respond and the court can hear both sides.
What happens if the allegations are proven false?
If the court finds the allegations not proven at a contested hearing, the order would normally be discharged. Deliberately false statements to the court can have consequences for the person making them, but get advice before raising this.
Should I report the applicant to the police for lying?
Take advice first. Focus on responding properly in the family court case.