Non Molestation Orders in 2026: Updated Guidance and Practical Implications

New guidance on non molestation orders under the Family Law Act 1996 came into effect in January 2026. It does not change the core law, but it does alter how the courts and practitioners are expected to handle applications in practice, particularly urgent applications. Alongside this, the Family Justice Council has issued best practice guidance to help ensure applications are properly prepared.

Emergency (without notice) orders

The statutory test in section 45 of the Family Law Act 1996 is unchanged, but the way the guidance expects courts to apply it has been tightened.

Key points include:

• Without notice remains exceptional: Without notice (ex parte) orders are reaffirmed as exceptional rather than routine, even though “exceptional” does not mean “very rare”. Judges are reminded to stand back and test whether immediate protection is genuinely required.
• Modern understanding of abuse: When deciding whether it is “just and convenient” to proceed without notice, courts are told to apply the definition of domestic abuse in the Domestic Abuse Act 2021, recognising coercive or controlling behaviour and psychological, emotional or economic abuse as well as physical harm.
• Care with exclusion from home or work: Without notice orders excluding a respondent from their home, place of work or other essential locations should only be made where there is clear, specific evidence to justify such serious interference; where home rights are in issue, an occupation order should be considered.

Applicants are expected to explain clearly why giving notice would increase risk, lead to pressure to withdraw, or cause serious prejudice. Respondents can expect closer scrutiny of the impact on them, especially where an exclusion is sought.

Listing and return hearing timelines

The 2026 guidance introduces clearer and firmer expectations about when applications should be listed and reviewed, addressing variation between courts.

The key practical changes are:

• Applications issued before 4pm should be considered by a judge on the same day; those issued after 4pm should be considered on the next working day.
• On notice applications (where the respondent is told in advance) should generally be listed for a first hearing within 21 days of issue.
• Where a without notice order is made, the court must fix a return hearing within 28 days, and the date of that hearing must be set out on the face of the order and in the hearing notice. It is no longer sufficient simply to tell the respondent that they may apply for a hearing date.
• Every non molestation order should now include a clear end date (for example six or twelve months); a return date alone is not enough.

These changes give both applicants and respondents more certainty about how quickly their case will progress and when orders will be reviewed.

Drafting the order: clearer, simpler, more enforceable

The guidance emphasises that non molestation orders must be clear, proportionate and readily enforceable, avoiding vague or technical language that is difficult for parties or the police to understand.

In practice, this means:

• Using a straightforward no contact clause as the starting point, covering direct and indirect contact (including via third parties), with narrow, specific exceptions for matters such as legal correspondence, service of documents, or necessary communication about children (including via parenting apps where appropriate).
• Including targeted bans on attending the applicant’s home or any place where they are living or staying and adding other locations such as workplaces or schools only where evidence justifies it.
• Avoiding vague terms such as “harassment”, “pestering” or “molestation”, which are considered too uncertain for effective enforcement.
• Recognising that separate provisions about “violence” or “threats” will rarely be necessary, as these behaviours are already criminal offences and are usually captured by a robust non contact order.
• Describing exclusion zones by named roads or a clearly defined area, rather than only by distances like “within 100 metres” and using the application form to set out precise details.

Service, enforcement and linked proceedings

The guidance also tightens expectations around service, police involvement and coordination with other family cases.

Key points include:

• Personal service (by court bailiff or process server) remains the default; alternative methods, such as email or messaging apps, should only be used where personal service is not possible and with clear judicial approval.
• A fully completed, legible certificate of service must be filed in good time before any hearing, and the court must ensure a copy of the order is sent to the police so that breaches can be enforced quickly.
• If a without notice order is continued unchanged at the return hearing and the respondent was personally served with the original order but does not attend, service of the continued order may usually be by post or email; if the terms are changed or extended, personal service will normally be required again unless the court specifically directs otherwise.
• Courts are reminded to identify and coordinate overlapping Family Law Act and Children Act proceedings early, to share findings and avoid duplicate fact finding, and to apply the restrictions on cross examination in abuse cases, including appointing a Qualified Legal Representative where appropriate.

Taken together, the 2026 guidance seeks to ensure that non molestation orders are obtained quickly where needed, drafted in clear and enforceable terms, and managed to a consistent timetable across the family courts, while also ensuring fairness for respondents.

At Whiterose Blackmans Solicitors, our specialist family law team can guide and represent both applicants and respondents in non molestation proceedings with clarity, care and firmness. Whether you are seeking urgent protection or facing an order made against you, we can act quickly to assess your situation, prepare or review the paperwork, and ensure that your voice is properly heard at both without notice and return hearings. We focus on clear, well drafted orders, realistic advice on risks and options, and strong advocacy in court so that your safety, reputation and long term interests are properly safeguarded.

If you would like tailored advice about applying for, or responding to, a non molestation order – including representation at any stage of the process, please contact Dr Ruby Bhatti, Head of Family Law Department on 0113 2165507 or email Ruby@whiteroseblackmans.co.uk.