Non-Molestation Orders: What’s Changed in 2026 and Why It Matters

Domestic abuse can have a devasting impact on individuals and it is important that help and support is provided.    

The definition of domestic abuse following the Domestic Abuse Act 2021 not only covers physical abuse but also includes controlling or coercive behaviour, economic abuse, psychological, emotional, or other abuse. The updated guidance means judges must actively consider these forms of harm, even where there are no physical injuries. So, if someone is being controlled, financially restricted, or emotionally worn down, the court should treat that just as seriously as physical abuse.

A Non-Molestation Order is an Order to protect an individual from intimidation, threats, abuse from someone you have a close relationship with such as a former spouse, partner, or family member. If a Non-Molestation Order is made, breach of its terms is a criminal offence where the Police can take further action to protect that individual’s safety.  There are two ways in which the Order can be made, without notice (where no notice is given to the other party if there is an immediate risk of harm to you or your child), or on notice (where notice is given to the other party) of the application made, depending on the circumstances of your case. 

The revised guidance from the President of the Family Division came into effect on 12th January 2026 replacing earlier guidance from 2023; it provides an update on the way in which Non-Molestation Orders are applied for, and processed, under the Family Law Act 1996. The update will enable Courts to deal with such applications fairly and consistently with the procedure standardised to ensure fairer Orders. It also provides applicants and the other party, known as the respondent, with clarity about how swiftly the case will progress.

The guidance includes:

• Any applications issued before 4pm should be considered by the Judge on the same date.
• If an application is issued after 4pm then it should be considered on the following working day.
• If an application is made on notice to the other party, it should be listed within 21 days of issue of the application. 
• In the alternative if a without notice order is made, then the Court must fix a return hearing within 28 days, which must be set out in the Order.  

The guidance provides that such applications should only be made in exceptional circumstances.  The Order will need to stipulate what the Respondent is prohibited from doing and must also need to include a fixed end date.