New Guidelines for Non-Molestation Orders

There has been an increase in applications to the Court for Non-Molestation Injunction Orders. These Orders deal with domestic abuse and are designed to protect a person, normally a spouse or partner, from harmful behaviour which does not have to be physical harm and which can include controlling or economic abuse. The new guidelines came into effect on the 12 January 2026 from the President of the Family Division, Sir Andrew McFarlane.

The new guidelines have been introduced to assist people applying to the Court and also to assist the Court in dealing with the increase in applications.

The new guidance includes an updated template for a Non-Molestation Order as well as a new template/form for the Respondent to use to reply to an application.

In addition, a guide has been issued for practitioners in this area including a model witness statement. Whilst most of the guidance remains the same the new forms and templates should ease what can be difficult and stressful applications.

In summary the guidance reaffirms that Orders made without the Respondent being present should be rare and limited to cases requiring specific and urgent justification rather than being routine. These are known as Without Notice Orders.

The Courts have also been instructed to apply a broad definition to domestic abuse and has reconfirmed that it includes coercive control, economic and emotional abuse.

The guidance confirms that Orders must be clear, specific and enforceable and should avoid vague terms like “pestering”. Orders should clearly define exclusion zones by specific locations or street names.

As regards timetabling the guidelines state that 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. Without Notice Orders must have a return Hearing set within 28 days.

In addition, the guidelines state that every Non-Molestation Order must now include a clear end date.