What you need to know about the new guidance on Non-Molestation Orders

In January 2026, the President of the Family Division and Head of Family Justice in England and Wales introduced important new guidance affecting how courts deal with non-molestation orders. These changes are designed to make the process clearer, faster, and more effective for those seeking protection, while also ensuring fairness for those responding to applications. The standardised procedure and simplified templates are expected to reduce the administrative burden allowing for more efficient processing of applications.

This blog explains what non-molestation orders are, what has changed, and what it means for clients.

What is a Non-Molestation Order?

A non-molestation order is a court order designed to protect someone from abuse, harassment, threats, or unwanted contact. It was introduced under the Family Law Act 1996 and is commonly used in situations involving domestic abuse or family conflict. You must be an “associated person” with the respondent to apply for such an order (someone whose relationship is close enough to create an, or be involved in, a specific legal, financial or domestic situation).

Breaching a non-molestation order is a criminal offence and can result in arrest and if convicted of any breach the court can impose fines or imprisonment.

Key Changes You Should Know About

The key changes are as follows:

Faster Court Decisions: The guidance confirms court should have procedures in place to ensure all applications are referred to a judge on the day of issue if before 4pm or on the next working day if issued after 4pm. This helps ensure people at risk receive protection without unnecessary delay. This is particularly important in urgent cases where immediate protection may be needed.

Clearer and More Specific Orders: One of the biggest changes is the requirement for clearer wording. Orders must now clearly state exactly what the respondent is not allowed to do. For example, instead of vague wording such as “must not threaten, harass or pester” the order may specify:

• No contact or attempts to contact the applicant in any way or by any means except via solicitors or a third party to make any child contact arrangements
• Not to go to or enter any place where the applicant lives, is staying, visiting or working
• Not to travel on [a named road] save to facilitated contact arrangements

The order must clearly state that the respondent is entitled to apply to set aside or vary the order without having to wait for the return date hearing.

New Opportunity for Respondents to Reply: Respondents now have a clearer process to respond to applications. They can:

1. Agree to the order
2. Agree without admitting wrongdoing
3. Oppose the order and request a hearing

A simple standard form has been created to allow respondents to respond to applications. This improves fairness while still prioritising protection.

Greater Focus on Practical Enforcement: The new guidance emphasises that orders must be practical and enforceable. It must make sire that personal details are recorded on the face of any order, ensure orders are properly served and make sure police can easily understand and enforce them.

Why Was New Guidance Introduced in 2026?

The courts have seen a significant increase in applications for protective orders in recent years. The new guidance aims to improve protection for victims, ensure orders are clear and enforceable reduce delays in urgent cases and make the process more efficient and fair. It also ensures consistency across courts, so applicants and respondents are treated fairly wherever their case is heard.

What This Means for Clients Seeking Protection

If you are applying for a non-molestation order, the new guidance means:

• Faster decisions from the court
• Clearer and stronger protection
• Orders that are easier for police to enforce
• A more structured and consistent process

This improves safety and reduces uncertainty.

What This Means if You Are Responding to an Application

If someone has applied for a non-molestation order against you, the new guidance means you will receive clearer information about the restrictions, you will have a clearer opportunity to respond and the court must focus on fairness and proportionality. Legal advice is strongly recommended if you are responding to such an application.

How We Can Help

Non-molestation orders are serious legal matters with significant consequences. Whether you need protection or are responding to an application, early legal advice is essential. Our friendly family law team can help you:

• Apply for urgent protection
• Respond to applications made against you
• Prepare evidence and court documents
• Represent you at court hearings

We provide clear, practical advice and support throughout the process. We can assess your eligibility for legal funding.

If you need advice about non-molestation orders or domestic abuse protection, please contact our family law team for confidential advice. Please make an enquiry by requesting a callback or call us today on 01623 468 468.

Frequently Asked Questions

• What is a non-molestation order and who can apply for one?

A non-molestation order is a court order under the Family Law Act 1996 designed to protect someone from domestic abuse, harassment, threats, or unwanted contact. You can apply if you are an “associated person”, meaning you have a qualifying family or intimate relationship with the respondent, such as a spouse, former partner, cohabitee, or parent of a shared child.

• What changed in the 2026 guidance on non-molestation orders?

In January 2026, the President of the Family Division introduced new guidance to make applications faster, clearer, and more consistent across courts in England and Wales. Key changes include:

• Same-day judicial consideration for urgent applications (before 4pm)
• Clearer, more specific wording in orders
• A standard response form for respondents
• Greater focus on enforceability and proper service

• How long does a non-molestation order last?

Usually, non-molestation orders last for 6-12 months, but the court can set a different duration depending on the circumstances. Orders can be extended if necessary.

• Can a non-molestation order be made without the other person knowing?

Yes. In urgent situations where there is an immediate risk of harm, the court can make a “without notice” order. A return hearing will then be scheduled to allow the respondent to attend and respond.