Your non-molestation hearing: what to expect
Walking into a family court is daunting, especially when you are the respondent. Knowing what is likely to happen can make a real difference.
Before the day
- Check the court, date and time on your notice
- Plan your journey and aim to arrive early
- Bring your papers, ID and a pen and notepad
- Tell the court in advance if you need safety or access arrangements
- If the hearing is remote, test the link and find a quiet place
At court
- There are security checks on entry
- Courts usually have separate waiting areas so you do not need to be near the applicant
- Do not approach or talk to the applicant. Use the staff or your supporter
- Switch off your phone in the court room
In the hearing
The judge reads the papers and hears from the people involved. First hearings are often short. Speak politely, answer what you are asked, and wait to be invited to speak. The judge will tell you how to address them. "Sir" or "Madam" is generally appropriate.
What might happen
- The court makes a non-molestation order, with set terms and a set period
- The court accepts undertakings instead
- The case is adjourned for more evidence or a further hearing
- The application is dismissed or withdrawn
Whatever happens, ask for an explanation of anything you do not understand and write down the next date.
Having a McKenzie Friend with you
A McKenzie Friend can sit beside you, take notes and offer quiet support. The court decides whether anyone other than you may address it. See how we help and legal aid.
Common questions
How long does a first hearing last?
Often under an hour, though it depends on the case and the court list.
Do I have to be in the same room as the applicant?
You will usually be in the same court room, but there are often separate waiting areas and measures for safety. Tell the court if you have concerns.
Can I bring someone with me?
Usually yes. A McKenzie Friend can sit with you and take notes. The court decides if anyone may speak.
What if I cannot attend?
Contact the court immediately. The court can decide in your absence.
Take the first step
Tell us a little about your situation and we will explain how we can help. Everything you share is treated in confidence.
Make a Referral