If a non-molestation order was made without notice (ex parte), the law requires that you get the chance to be heard at a full hearing. This is called the return hearing or "return date". The 2026 President's Guidance says the return date must be fixed and written on the order itself and should be no more than 28 days after the without-notice order. For applications made on notice, the first hearing should usually be within 21 days.
Before the hearing
- Return your FL435 at least 5 working days before the hearing.
- Get advice and check for legal aid.
- Check whether the hearing is in person or remote (video/phone). The notice will say.
- Tell the court in advance if you need an interpreter, separate waiting area or other adjustments.
What happens on the day
Return hearings are usually short, often 30–60 minutes and sometimes less. The judge (a magistrate bench, legal adviser, district judge or circuit judge) will typically:
- check you have received the papers and understand the order;
- ask your position: agree, offer an undertaking, or oppose;
- explore whether the matter can be resolved by agreement without findings. The guidance says this is acceptable and consistent with the court's overriding objective;
- if you oppose, decide whether the order should continue in the meantime and give directions: dates for statements and evidence, and a date for a contested or fact-finding hearing.
Possible outcomes
| Outcome | Effect on you |
|---|---|
| Order continued by consent, no findings | Order stays in force until its end date. No decision that the allegations are true. |
| Order discharged and replaced by an undertaking | You promise the court not to do certain things. Breach is contempt of court, not a criminal offence. |
| Order varied | Terms changed, for example a narrower exclusion zone or arrangements for child handovers. |
| Order continued pending a contested hearing | Order stays in force while the court timetables evidence and a final hearing. |
| Order discharged | The order ends. This may happen at a final hearing, or earlier if the applicant doesn't attend or the court is not satisfied it is needed. |
Cross-examination: you can't question the applicant yourself
Under section 65 of the Domestic Abuse Act 2021 (amending the Matrimonial and Family Proceedings Act 1984), an alleged perpetrator of domestic abuse cannot cross-examine the alleged victim in person in family proceedings, and vice versa. If you are unrepresented at a contested hearing, the court can appoint a qualified legal representative (QLR) to cross-examine for you. You don't pay for the QLR.
If you don't attend
The court can go ahead without you and continue the order, potentially for a long period. If you genuinely cannot attend (for example illness), contact the court before the hearing with evidence and ask for an adjournment, but expect the order to remain in force in the meantime.
What to bring
- All court papers and your FL435 copy
- Photo ID
- Evidence you rely on (printouts of messages with dates, screenshots, call logs)
- A short written note of what you want the court to do and why
- Details of any children case or police matter (case numbers, crime reference)
Frequently asked questions
How long after the order is the return hearing?
Under the 2026 guidance, a return hearing after a without-notice order should be listed within 28 days, and the date must appear on the order.
Will the applicant be at the return hearing?
Usually yes, though they may attend remotely or wait separately. Special measures such as screens or separate waiting rooms are common.
Can I agree to the order but not admit anything?
Yes. Courts commonly accept agreement to an order continuing 'without admissions', meaning no findings of fact are made.
What if the applicant doesn't turn up?
The judge decides what to do. The order may be discharged, or the hearing may be adjourned, depending on the circumstances.