New guidance on how family courts should deal with non-molestation orders comes into force on Monday, 12 January 2026, following publication by the President of the Family Division.
The guidance updates earlier directions from 2017 and 2023 and reflects both the rising number of applications and a broader understanding of domestic abuse.
Geeta Patel, Senior Associate at Mackrell LLP, explained, “Non-molestation orders are often sought at moments of acute crisis.
“People are usually frightened, emotionally exhausted and acting urgently to protect themselves or their children. In those circumstances, clear and conscious guidance judicial guidance is essential as these decisions can have an immediate and profound impact on the daily lives of vulnerable individuals.”
One of the key changes is a stronger emphasis on balanced approach when it comes to emergency orders made without the other person being told in advance.
Geeta said, “Applications made without notice remain a vital protective measure, as it prioritises the immediate safety of the applicant and any children involved. However, the guidance reminds the courts that such applications should be reserved for cases in exceptional circumstances where there is a genuine and immediate risk.
“The guidance asks judges to stop and reflect on whether emergency protection is genuinely required, or whether giving notice could place the applicant at greater risk”
The guidance also sets firm expectations around timing. Applications made without notice must now be followed by a return hearing listed within 28 days, while applications on notice should generally be listed to be heard within 21 days.
“Delays with orders can leave all parties in a state of uncertainty. Applicants may feel insufficiently protected, while respondents can find themselves living under restrictions without having had an opportunity to be heard. By introducing clearer timescales, it should help bring some balance back into the process.”
The new guidance reflects a wider understanding of domestic abuse, moving beyond a narrow focus on physical violence.
“Many clients are concerned that their experience will not be taken seriously in the absence of physical assault,” Geeta said.
“The guidance makes it clear that abuse can take many forms, including control, intimidation, emotional harm and financial pressure. Recognising this is an important distinction, as it reflects the realities of many abusive relationships today.”
There is also a renewed focus on making orders easier to understand and enforce.
“An order is only effective if people know exactly what it means,” Geeta explained.
“Vague wording helps no one, as it creates room for things to be misunderstood and therefore more difficult to determine whether the order has been breached.
“Clear, precise language protects the applicant, provides the respondent with certainty about what is prohibited and enables the police to act quickly in the event of a breach.”
In addition, a new response form, known as FL435, has been introduced to allow respondents to inform the court in advance whether they agree to an order continuing or intend to challenge it.
“This form should help courts prepare more effectively for hearings and reduce unnecessary delay,” Geeta said.
“It also provides respondents a clearer way to engage with the process, rather than attending court uncertain about what is expected of them.”
The guidance also emphasises the importance of proper service and timely police notification, together with improved coordination of cases involving children.
“These cases are often emotionally draining for families, so measures that reduce unnecessary hearings and limit confusion is welcome,” Geeta concluded.
For further information about the new guidance or advice on applying for or responding to non-molestation orders, please contact geeta.patel@mackrell.com.
