An order was made against you without notice
Sometimes the court makes an order before the respondent has been told or heard. This is called a without notice (or ex parte) order. It can be a shock, but there is a process, and you will normally get the chance to be heard.
What does "without notice" mean?
A without notice order is made at a hearing you were not given the chance to attend, usually because the applicant said it was urgent. The judge decides on the applicant's evidence alone. This is a temporary step, not a final decision about who is right.
Why do courts do this?
Courts sometimes act quickly where they are told there is a risk of harm, or that giving notice would defeat the purpose of the application. It does not mean the court has found that the allegations are true.
What happens next
- You are served with the order, the application and the evidence
- A further hearing (often called the return date) is listed, where you can respond
- At that hearing the court may extend the order, change it, accept an undertaking, list the case for further evidence, or end it
What you must do in the meantime
- Obey the order exactly as written. It takes effect once you know about it
- Read what it prohibits and for how long
- Do not contact the applicant if the order says you must not, even to explain or apologise
- Keep the papers and note the return date
- Start preparing your account and gathering evidence now
Getting your side heard
You can set out your account in a witness statement and bring supporting documents. If you think the order is wrong, a legal adviser can explain how to ask the court to change or end it. Justice Centre can help you organise your evidence and prepare, but cannot give legal advice. See also our page on responding to an FL401 and legal aid.
Common questions
Can the court make an order without telling me?
Yes. If the court is told it is urgent, it can make a short-term order without notice and list a further hearing where you can respond.
Do I have to obey an order I was not there for?
Yes, once you have been told about it. A breach can be a criminal offence, so read the order carefully.
Will I get a chance to put my side?
Normally yes, at the further hearing. Prepare your account and evidence before then.
What if I did not receive the order?
Contact the court and get support straight away. Do not assume you can ignore it.
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