News
Changes to Non-Molestation Orders for 2026
Revised guidance was issued by the president of the Family Division on Non-Molestation Orders, which came into effect on 12th January 2026.
The guidance noted that in the last decade there has been a rise in applications for injunctions. The rise in applications has created pressure on the family courts and highlighted the need for a more simplified process.
What is a Non-Molestation Order?
A Non-Molestation Order is an injunction prohibiting an individual from harassing, threatening or abusing another person. It is designed to protect people from harassment or intimidation from someone they are connected to, usually an ex-partner, spouse, family member, or someone they live with.
It is designed to stop the person named in the order from contacting, approaching or behaving in a way that causes harm or distress. This can include direct contact, phone calls, messages, or going near someone’s home or workplace.
Therefore, an application for a Non-Molestation Order should not be limited to cases where physical abuse has taken place. They should detail all forms of abuse such as controlling or coercive behaviour, economic abuse, psychological, emotional or other abuse.
If a Non-Molestation Order is breached, then this is a criminal offence which should be reported to the police, potentially leading to arrest or imprisonment.
With or without notice
If a Non-Molestation Order is necessary, then consideration needs to be given as to whether the application is made with or without notice. The court have made it clear that without notice, orders are to be regarded as the exception, not the rule.
The guidance issued has confirmed changes in relation to evidence, stricter timescales, and specific wording which should appear on court orders.
A clearer understanding
The process is to be simplified and standardised to ensure clarity and consistency. To assist with this, the court have provided standard forms/documents which can be used. All applications are to be referred to a judge on the same day if before 4pm, or on the next working day if after 4pm.
It is important that Non-Molestation Orders are understood by both parties. The order should be clear and capable of enforcement, so careful consideration needs to be given to the wording of the order.
What does this mean for you?
Astle Paterson regularly advises individuals in relation to injunctions, so whether you are applying for a Non-Molestation Order, or whether an order has been made against you, then the family team at Astle Paterson will be able to assist you and provide more detailed advice in relation to the new guidance.
For further information, please contact our trusted and knowledgeable Family Law team on 01283 531366 or email enquiries@astlepaterson.co.uk.
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