Served with a non-molestation application?
Receiving court papers is frightening, and the timescales can be very short. We help you understand what you have received, prepare properly, and stand steady at your hearing.
What to know when papers arrive
- Read everything carefully. The papers usually include the application (often on form FL401), a sworn statement from the applicant and a notice telling you when and where the hearing will be.
- Note the hearing date straight away. These cases can move quickly, sometimes within days.
- Orders can be made quickly. A court can sometimes make an order before you have been heard, with a further hearing to follow where you can put your side.
- Take any order seriously. Breaching a non-molestation order is a criminal offence and can lead to arrest and imprisonment.
- You are entitled to respond. You can set out your account to the court, and it is sensible to get support as early as possible.
Your first 48 hours
- Keep every page you were given, together and in order
- Write down the hearing date, time, court and the name of the judge if shown
- Do not contact the applicant if an order or the papers say you must not
- Start writing a clear, dated account of events while they are fresh
- Gather messages, emails, photographs and other documents that relate to your account
- Get in touch with us so we can talk through the papers and the hearing
What happens at the first hearing
The first hearing is usually short. The judge reads the papers, hears from the people involved and decides what should happen next. The court may make an order, may list the case for a further hearing, or may ask for more evidence. In some cases the court can be asked to accept an undertaking, which is a formal promise to the court. We explain what that means in practice, so nothing comes as a surprise.
How we assist you
- Explain the application and the papers in plain English
- Walk you through what happens at each hearing
- Help you organise your account and supporting documents
- Prepare you for what to expect in the courtroom, including how to address the judge
- Provide a McKenzie Friend to sit beside you at the hearing
- Help you keep calm and focused on the day
What we cannot do
- Give legal advice or tell you what you should do in law
- Act as your lawyer or represent you
- Speak for you in court, unless the court gives permission
Common worries
"Does this mean I have done something wrong?"
An application is an allegation, not a finding. The court decides after considering the evidence. Your job is to understand the papers, respond properly and attend.
"What if I miss the hearing?"
The court can make decisions in your absence. If you cannot attend, contact us straight away so we can talk through your options.
"Can I still see my children?"
An order may include terms that affect contact, and separate children proceedings may exist. Make sure you read exactly what any order says, and speak to us about how the process works.