Where FL401 cases are heard here
Protective-injunction applications can usually be issued at the family court for the area where you or the other party live. Without-notice applications are heard quickly — often the same day a duty judge is available — and the return hearing follows within days or weeks.
If you have been served with an order
- Comply to the letter A breach — even one reply message — can be arrestable. Read the order twice; note the prohibited acts and duration.
- Prepare for the return hearing That is where you choose (with advice) between an undertaking without admission and contesting. Work the decision matrix: undertaking vs contest.
- Preserve evidence, send nothing Export messages and logs now; do not contact the applicant if prohibited, directly or through others.
- Protect your home position If you have been excluded from the family home, register home rights (HR1) where you have matrimonial home rights — it is free and stops the home being sold or mortgaged over your head.
A without-notice order is one side's evidence, heard fast for safety. It is not a finding that the allegations are true — and the return hearing exists precisely so the other side can be heard.
If you need protection yourself
Men are applicants too: any person associated with the respondent can apply under s.42 FLA 1996, and there is no court fee. The Men's Advice Line (0808 801 0327) supports male victims and can help you think through the application. Form FL401 is on GOV.UK.
Lambeth — common questions
Will the police in Lambeth arrest me for a technical breach?
Where a power of arrest is attached, police must treat breach seriously — and "technical" (a like, a reply, a message via a friend) is still breach. Never test the boundary; take advice before any contact attempt.
Does the order stop me seeing my children?
Not directly — but provisions banning contact with the applicant can block handovers. Raise children contact at the return hearing, or start C100 proceedings; proposing a contact centre shows the court you take safety concerns seriously.
How long does an occupation order last?
Typically 6–12 months initially. The court applies the balance-of-harm test — see the home rights guide for how s.33 works.
Before your hearing
Turning scattered messages, notes and dates into evidence takes structure. keep the dated evidence the return hearing will turn on — EvidenceCanvas is a guided toolkit that helps you draft a child-focused witness statement, answer a Scott Schedule point by point, and assemble a paginated court bundle. It is not a law firm and does not give legal advice.