Without-notice hearings — asking the court to act before the other side knows

Some family court applications can be made "without notice" — without telling the other

person first. This is the route for genuinely urgent or dangerous situations, such as

immediate protection from domestic abuse. It is powerful, but the courts police it

carefully because it suspends the other person's right to be heard.

REVIEWED BY: Sean McNamara on 2026-08-31

What "without notice" means

An ordinary application is served on the other party, who gets time to respond before any hearing. A without-notice application (also called "ex parte" in older terminology) is heard the moment you file it. If the judge agrees, they can make an order immediately, before the other person knows anything about it.

The most common examples:

Non-molestation and occupation orders on form FL401 — the standard route when someone needs immediate protection from abuse
Emergency directions in private law children cases (e.g. stopping a child being removed from your care)
Freezing/asset-protection orders in financial remedy proceedings
Interim orders in urgent public law (care) cases

When the court will hear you without notice

The Family Procedure Rules 2010 (Part 18 and rule 20.3 for Part IV family proceedings) allow a without-notice application only where:

1. There are good reasons not to give notice — typically that telling the respondent would risk the applicant (or a child) being harmed, intimidated, or would let them defeat the purpose of the order (e.g. transferring money, taking the child abroad); or 2. It is necessary to do so by reason of urgency

You must state your reasons clearly on the form and to the judge. "We had an argument" is not enough; "he has assaulted me twice this month and does not know where I am staying" is.

What you must disclose — full and frank duty

This is the critical part. When applying without notice you owe the court (and the absent party) a duty of full and frank disclosure. You must tell the judge:

Every fact that weakens your application, not just those that support it
The respondent's likely answer to your allegations
Anything relevant in past proceedings or previous orders

If you deliberately leave something out and the order is later challenged, the court can discharge (cancel) the order and may make costs orders or findings against you. Courts do not tolerate tactical gaps.

What happens at the hearing

Usually short (10–30 minutes), often on the papers or by video
Bring a concise witness statement or affidavit setting out events in date order, plus your supporting evidence (police report numbers, medical letters, messages)
If satisfied, the judge makes the order — a non-molestation order can be for 6–12 months; an occupation order defines who lives in the home
The judge will almost always list a return hearing (usually 7–14 days later) where the respondent can come and be heard
The order has no effect on the respondent until it is served on them — service is a step you must organise; the court can arrange service by the police in some urgent cases

The return hearing

At the return hearing the respondent can:

Agree to the order (often for a shorter period or with undertakings)
Argue for it to be discharged — attacking your disclosure at the without-notice stage
Give evidence and be cross-examined

If you exaggerated or omitted key facts, this is where it surfaces. Be accurate from the start; you can still get protection with honest, complete evidence.

If you are on the receiving end

If you have been made the subject of a without-notice order you did not know about:

Read it carefully — note the return date and any directions
Prepare a short, factual response addressing each allegation
Attend the return hearing — if you do not, the court can extend the order in your absence
Breaching a non-molestation order is a criminal offence; do not respond to provocation while it is in force

Practical tips

Apply to your local family court; for urgent protection outside office hours, contact the police, who can issue emergency protective notices
Ask the court about special measures (separate waiting rooms, screens, video link) when you file — say why you need them
Legal aid for protective orders does not use the usual means rules for victims of domestic abuse — see a solicitor or our legal aid guides
Keep every message, log every incident with dates — your statement is only as good as its chronology

Official links

FL401 form and guidance: https://www.gov.uk/government/collections/family-court-forms
Domestic abuse and the family court (PD12J): https://www.justice.gov.uk/courts/procedure-rules/family
Apply for a domestic abuse injunction (gov.uk): https://www.gov.uk/injunction-domestic-violence
Legal aid: https://www.gov.uk/check-legal-aid

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.