Non Molestation Orders - New Family Court Guidance

From 12 January 2026, new guidance issued by the President of the Family Division has been brought into effect for non-molestation orders (NMO). This replaces the last guidance produced in 2023.

Legal advice

The following is a summary of the new guidance on a technical level. To someone unfamiliar with the law in this area, it can feel overwhelming. These orders are governed by strict legal criteria and the courts do not grant them automatically, even at times when they seem most needed, for example, when the police are unable to take things further. The wording in an application is important. There are alternative routes that avoid court involvement and may be more appropriate in some circumstances. On the other side, people in receipt of an application must respond with care as these can have serious and lasting consequences, for example, to employment. Given the legal and practical implications on both sides, obtaining specialist legal advice at the earliest stage is strongly recommended.

The below summary of the new guidance is not intended as a replacement for legal advice. If you wish to speak to someone about your situation, please contact one of our family law specialists on 0330 0945 500 or email family@neves.co.uk. We offer a fixed fee initial meeting for £150 + VAT during which we can discuss your options for protection and other matters relevant to you.  

What is the same?

• The general procedure for making applications – filing form FL401 with an accompanying witness statement.
• The main principles applied when making NMOs, which, in very brief summary, are:
  • That there has been ‘molestation’ (broadly defined).
  • That the court’s protection is required.
  • That the applicant and respondent are ‘related persons’.
  • That any infringement on a person’s freedom or use of their property (in cases where they may be excluded from a home or area) is proportionate based on the risk. 
  • That orders made without notice (in the absence of the respondent) should be avoided unless that would mean a risk of significant harm and/or the applicant being deterred or prevented from making the application.
• The application fee (£0)
• The procedure for without notice applications. The court being required to list a ‘return date’ where the respondent must attend and give their side.

What has changed?

• All courts are now expected to refer all NMO applications to a Judge the same day when received before 4pm.
• Template orders have been drastically changed with many standard provisions being removed. For example:
  • Previous terms forbidding harassment, pestering and molestation have been removed – these were ‘not well understood and not easily enforceable’.
  • Previous terms forbidding violence and threats have been removed, as these are already criminal offences.
  • Simplified new terms forbid contact, but Judges should avoid forbidding all forms of this where there are children, recognising that there needs to be a means of communication (often this may be via solicitors or family members).
  • Standard terms forbidding attendance at a person’s home, work address or school (as necessary) have remained, with guidance that these should be clearly defined and avoid wording such as ‘100 metres’ of an address.
    
    Note that the template order does not reflect what might be ordered in each case. They are tailored to the circumstances and the Judge’s decision in an individual case.
• Response forms for recipients of applications to confirm, briefly, whether they dispute the application or if they agree to an order being made.

Key takeaways

The hope is that this guidance will:

1. Speed up the process of applying for NMOs, which often varies across courts. Delays can increase fear and leave some people in serious danger. 
2. Increase consistency with Judges and Magistrates applying the same clear criteria.
3. Enable recipients of NMOs to understand the terms more easily, leading to fewer accidental infringements.
4. Make the process more efficient – with Courts knowing the respondent’s position about whether they agree or dispute an order at an earlier stage. This could even reduce the number of cases in Court.

If you are considering applying for a non-molestation order, or responding to one, specialist legal advice can help ensure your application or response is presented clearly and safely under the new framework.

Useful links

Alongside the Court guidance, the Family Justice Council has produced their own. This includes best practice guidance for legal practitioners, a template statement, along with pointers on the new and existing processes.

 
Their list of resources for domestic abuse is reproduced here in the hope it is helpful to readers:

•    Police (emergency): Call 999 
•    National domestic abuse helpline: www.nationaldahelpline.org.uk [0808 2000 247] 
•    Rape Crisis: www.rapecrisis.org.uk 
•    National Stalking Helpline: www.suzylamplugh.org [0808 802 0300] 
•    Mankind (for male victims of domestic abuse): https://mankind.org.uk 
•    Women’s Aid: womensaid.org.uk 
•    Welsh Women’s Aid: welshwomensaid.org.uk 
•    Respect (for male victims of domestic abuse): mensadviceline.org.uk [0808 8010 327] 
•    SOLACE (for women): www.solacewomensaid.org 
•    Refuge (for women and children): https://refuge.org.uk
•    Galop (for LGBT+ people): www.galop.org.uk 
•    FORWARD (for advice and support on FGM): www.forwarduk.org.uk 
•    Respond (for people with learning difficulties affected by abuse or trauma): www.respond.org.uk
•    DeafHope (for deaf people affected by abuse): www.deaf-hope.org 
•    BAWSO (for ethnic minorities in Wales): https://bawso.org.uk/en
•     The Adam Project (for male victims of domestic abuse in Leicestershire): www.adam-project.org.uk