The return hearing: a guide for applicants

Reviewed 19 October 2026 · Information for England and Wales

When a non-molestation order is made without notice – before the other person knew about your application – the court sets a return hearing so they can have their say. It's normally within about two weeks of the first order, and the date appears on the order.

Here's what happens, what the possible results are, and how to get ready.

Why it happens

Fairness means someone affected by a court order must be allowed to respond. Section 45(3) of the Family Law Act 1996 says that after a without notice order the other person must have the chance to make representations "as soon as just and convenient" at a full hearing.

Your order stays in force up to the return hearing, provided it has been served. Threats to "fight it" don't change that.

Getting ready

• Check it has been served. The hearing can't work properly unless the other person has received the order, your application and your statement. Ask the court whether the statement of service (form FL415) is on file.
• Find out the format. Many return hearings are by phone or video; some are in person. The court's notice will say.
• Request safety measures. For an in-person hearing, ask beforehand for a separate waiting room or screens.
• Log anything new. Write down the dates and details of any incidents since the order, including breaches. You may be asked to set these out in a short additional statement.
• Read your statement again so the details are fresh in your mind.

On the day

Return hearings are usually brief – often 20 to 30 minutes. The judge will:

1. check who is present and confirm the order was served
2. ask whether the other person agrees to it continuing
3. hear briefly from each of you
4. decide on the next step

Most return hearings end in one of four ways.

They agree to the order

The other person may agree, often "without admitting" what you say. This is very common. The judge then makes the order for a set period, frequently 6 or 12 months. No findings of fact are made, but your protection is just the same.

They offer an undertaking

An undertaking is a formal promise to the court – for example, not to contact you. Breaking it is contempt of court and can be punished, but it isn't a criminal offence, and the police can't arrest for it in the way they can for a breached non-molestation order.

The court must not accept an undertaking where it appears necessary for your protection that a breach be punishable as a crime (section 46(3A) Family Law Act 1996) – for example where there has been violence or threats of violence.

You're under no obligation to accept an undertaking. If you need the protection of an order, say so and explain why. You can ask the judge for a few minutes to think.

They dispute it

If they deny your account and want the order ended, the judge will usually:

• keep the order in place until a final hearing
• set directions – for example, dates for both of you to file statements and evidence
• fix a contested (final) hearing where you each give evidence and can be questioned

At that hearing the judge decides, on the balance of probabilities, whether the abuse happened and whether an order is needed. As an alleged victim, you can't be cross-examined by the other person in person – the court can appoint a lawyer to ask their questions.

They don't turn up

If they were properly served and don't attend, the judge can usually continue the order without them, often for the full period you asked for.

Feeling pressure to drop the case?

If someone is pushing you to withdraw, tell the court. Pressure to drop the case can itself show why an order is needed. If you really do want to withdraw, the judge will check that it's your free choice.

Tips

• Arrive early, or log in a few minutes ahead for a remote hearing.
• Answer briefly and stick to facts – the judge has read your statement.
• Be clear about what you want: "I ask for the order to continue for 12 months."
• Don't rise to provocation. If untrue things are said, wait your turn and calmly say you disagree.
• Bring support if allowed – let the court know in advance.

Afterwards

You'll receive the new order. Check its end date and exact wording, keep a copy on you, and make sure the police have it. If it's broken, read what to do if the order is broken. If you'll need protection for longer, apply to extend before it expires – see how long it lasts.

Summary

• Usually within about two weeks of an emergency order.
• Your order continues until then, once served.
• Four outcomes: agreed order, undertaking, contested hearing, or continuation in their absence.
• You don't have to accept an undertaking.
• The other person can't cross-examine you themselves.