Being told you must attend an ex parte hearing as a respondent to an application for a Non-Molestation Order or Occupation Order can be unsettling. Many people worry about what will happen in court, whether they will be allowed to speak, and how their defence will be considered. Understanding the process in plain English can help reduce uncertainty and allow you to prepare calmly and effectively.
This guidance explains what an ex parte hearing means for you, what to expect, and how to present your case clearly.
Understanding the issue or context
In family law, an ex parte (or “without notice”) order is made when the applicant asks the court to grant protective measures urgently, without informing the other party beforehand. It is common for respondents to feel blindsided or anxious when they receive notification of such a hearing.
If you have already prepared a defence statement or written evidence responding to what has been said about you, it is natural to want to know whether the court will consider it at this stage. The main source of stress for most people is not knowing if they will be heard or what the judge will expect.
This guidance helps you understand your rights, the process, and the steps you can take.
The legal rules or framework
Applications for Non-Molestation Orders and Occupation Orders are made under the Family Law Act 1996, and the court has the power to make urgent orders without notice where immediate protection is deemed necessary.
Purpose of an ex parte hearing
At the first hearing, the judge considers:
- whether the applicant needs urgent temporary protection,
- whether the circumstances justify making an order without hearing full evidence from both sides.
Your position as the respondent
Even if an order has been made without notice, as the respondent:
- you have the right to be heard,
- you can present your version of events,
- the court will arrange a further “on notice” hearing where both parties can give fuller evidence.
What the court typically allows
At an ex parte return hearing, the judge may:
- continue the temporary order until the next hearing,
- vary the order,
- or, in some cases, discharge it.
Your written defence, timeline and supporting documents can be important in helping the judge understand your position, even at an early stage.
Practical steps to take (step-by-step guidance)
1. Organise your defence statement
Ensure your statement is:
- clear,
- factual,
- structured around dates and events,
- free from emotional or argumentative language.
The court values clarity and relevance.
2. Bring supporting documents
These may include:
- messages,
- emails,
- call logs,
- photographs,
- timelines of events.
Only bring material that is relevant to the issues raised in the application.
3. Arrive early and ask court staff about filing your evidence
Some courts allow you to hand your defence statement to the usher or clerk so the judge can read it before or during the hearing.
4. Be prepared to speak briefly
You will usually be given an opportunity to:
- clarify your position,
- correct any misunderstandings,
- explain why you dispute the allegations,
- set out your proposed next steps.
You do not need to give a full account unless the judge asks for it.
5. Request a full hearing if needed
If you disagree with the order or the allegations, you can ask for:
- a contested hearing,
- time to prepare further evidence,
- directions for exchange of statements.
This is normal and helps ensure the case is dealt with fairly.
6. Seek legal advice if the situation is complex
A solicitor can review the order, consider your defence, and help you present your position in a clear and structured way.
Common pitfalls to avoid
- Attempting to argue every point at the ex parte hearing. This stage is often limited in scope.
- Becoming defensive or emotional in front of the judge. Staying calm helps maintain credibility.
- Arriving without your written statement. A clear document helps ensure your voice is heard.
- Assuming the temporary order means the judge has accepted the allegations. Without-notice orders are precautionary, not final findings.
- Ignoring deadlines or failing to attend later hearings. This can harm your case significantly.
Avoiding these pitfalls helps the court understand your position properly.
Frequently Asked Questions
Will I be allowed to present my defence at an ex parte return hearing?
Yes. You will normally have the opportunity to explain your position briefly and submit your defence statement.
Is the judge deciding the whole case at this stage?
No. This stage concerns temporary protection. Final decisions are made at later, fully contested hearings.
Can I challenge a Non-Molestation or Occupation Order?
Yes. You can oppose the order and request a full hearing to present evidence.
Do I need a solicitor?
A solicitor is not required but can provide valuable support, especially where the allegations are serious or the order affects your housing.
What if I have evidence contradicting the allegations?
Bring it with you and have it organised. The court may not review everything immediately, but it will be considered at the proper stage.
What happens after the ex parte hearing?
The judge will set a date for the next hearing (“on notice”) where both sides can provide full statements and evidence.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.