Both parties must attend the full hearing, which will usually be conducted by a district judge. The district judge will hear the evidence, and decide what order or orders to make. If they make an occupation order and they find that the respondent has used or threatened violence, they will attach a power of arrest to the order, unless, exceptionally, they are satisfied that the applicant will be adequately protected without it. A power of arrest means that a copy of the order must be held on record at the police station, and the police can arrest the respondent immediately if the order is broken, even without a criminal offence having been committed. A power of arrest may be attached even if the hearing was held without notice, if the court believes the applicant is likely to be at risk of harm otherwise.
The respondent may offer to the court an undertaking (or promise) not to molest the applicant, for example if they deny the allegations made by the applicant. The court can then accept the undertaking, without making any finding against the respondent. (Obviously, the court can take action against the respondent if they were to breach the undertaking). However, the
court will not accept the undertaking if the respondent has used or threatened violence against the applicant (or a child) and for the protection of the applicant (or child) it is necessary to make a non-molestation order so that any breach will be punishable as a criminal offence (see below). The respondent could also offer an undertaking to vacate the matrimonial home, but the court will not accept the undertaking if it considers that there should be a power of arrest (see above), as a power of arrest cannot be attached to an undertaking.