Emergency non-molestation orders: protection without delay

Reviewed 19 October 2026 · Information for England and Wales

An emergency non-molestation order is usually made "without notice" – also called ex parte. It means a judge decides your application before the other person is aware of it. Most urgent orders are made this way, frequently on the day you apply or the next working day.

When will a judge act without notice?

Section 45 of the Family Law Act 1996 lets the court make an order without notice when it is "just and convenient". The judge looks at all the circumstances, in particular:

• whether you or a child face a risk of significant harm if the order isn't made immediately
• whether you are likely to be deterred or prevented from carrying on if the other person hears about it – for example, through threats
• whether the other person is evading service, and the delay would seriously prejudice you

How recent the abuse is matters a great deal. If the last serious incident was some time ago, explain why you are applying now – perhaps the abuse has carried on in other forms, or they have just discovered your new address.

Making your statement show the urgency

The judge relies on your paperwork and a short hearing, so your statement needs to spell out why it can't wait:

• the latest incident, with its date
• the most serious incidents – violence, threats to kill, strangulation, weapons, stalking
• any escalation – is it getting worse or happening more often?
• why warning them is dangerous – what you think they would do
• the children – what they have seen or heard, and any risk to them

When we draft your statement we cover these points in the right order and flag your case as urgent. Start now.

How the day unfolds

1. You email the FL401 and statement to the Family Court, marked urgent, and phone to say they are on their way.
2. The court fixes a short hearing, usually the same or next working day – often by phone or video.
3. The judge reads your papers and may ask you some questions. The other person is not present.
4. The judge grants or refuses the order. If granted, a return date is set, normally within about two weeks.
5. The order is served on the other person. It only binds them once they know about it – see serving the order.

If the judge says it isn't urgent enough

The judge might decide notice should be given. The court will then list an "on notice" hearing, the other person receives the papers and can attend, and the process usually takes a few weeks. The criminal law still protects you meanwhile – report any offences to the police.

Emergency occupation orders

Judges are slower to remove someone from their home without hearing them first. Often you will get an immediate non-molestation order, with the occupation order decided a few days later after the other person has been notified. See occupation orders.

What comes next

At the return hearing the other person can respond. They might accept the order continuing, offer an undertaking (a formal promise to the court), or dispute it – in which case another hearing is arranged. Our return hearing guide explains what to expect.