What You Need to Know About Non-Molestation Orders in 2026

From 12 January 2026, new guidance from the President of the Family Division comes into effect, updating how Non-Molestation Orders are applied for and managed by the Family Court.

Below, we explain what this means in practice and what anyone experiencing domestic abuse should know.

What Is a Non-Molestation Order?

A Non-Molestation Order is a protective injunction made under the Family Law Act 1996. It is designed to protect individuals and children from abuse by a partner, ex-partner, or family member. Breaching a Non-Molestation Order is a criminal offence.

Domestic Abuse Is Not Just Physical Violence

The updated guidance reinforces that domestic abuse goes far beyond physical harm. The court must consider coercive or controlling behaviour, emotional and psychological abuse, economic or financial abuse, and patterns of behaviour rather than isolated incidents.

Applications and supporting statements must clearly explain how the abuse has occurred and the impact it has had. Non-physical harm should never be overlooked.

Without-Notice Applications: The exception rather than the rule

Applying for a Non-Molestation Order without notice, meaning the other person is not told in advance, remains possible. However, the court has made it clear this should be the exception rather than the rule.

The court will expect clear evidence addressing the legal test, including an immediate risk of harm, reasons why giving notice may put the applicant at further risk, and whether the respondent may attempt to evade service or intimidate the applicant.

If the court is not satisfied that the test is met, it may refuse the application and list it on notice, request further information, or allow a short period for reconsideration.

Clearer Timetabling and Case Management

The guidance introduces clearer timeframes to reduce delay and uncertainty. On-notice hearings should be listed within 21 days of the application. Return hearings following without-notice orders should usually be listed within 28 days.

Courts are also encouraged to identify linked family proceedings involving the same parties, particularly where there are allegations of abuse, to ensure effective case management.

Simplified and Clearer Orders

Non-Molestation Orders will now follow an updated and simplified format. Orders will generally forbid all contact, rather than listing specific behaviours such as threats or abusive calls, which are already criminal offences.

Directions and case management matters will be placed in a separate annex rather than the main body of the order. Where exclusion zones are required, orders must specify named streets or roads rather than vague distances.

Without-notice orders must confirm that they were made in the respondent’s absence and include permission for the respondent to apply to vary or set aside the order.

Improved Enforcement

To assist enforcement, the guidance confirms that orders should include the respondent’s date of birth and, where known, contact details. Court administration should ensure that without-notice orders are sealed on the same day they are made to allow for prompt service.

How We Can Help

If you are experiencing domestic abuse, legal protection may be available even where there has been no physical violence. Early advice can be crucial.

Our family law team has experience advising on emergency applications, preparing evidence, ongoing protection, enforcement, and related family proceedings. If you need advice or support, please contact us in confidence. Help is available, and the law is designed to protect you.