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09 March
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Non-Molestation Orders – New Guidance

Emma Burden   |   Case Updates

Leicestershire Law Society and 2 New Street Chambers will be providing a seminar in the spring on the new guidance for Non-Molestation orders. Pupil Barrister Mehreen Kazmi of 2 New Street Chambers shares a short summary of the guidance which came into effect on Monday 12th January 2026, replacing the 2023 Practice Guidance.

Without Notice Applications 

  • The statutory test in s45 Family Law Act remains unchanged, but courts must apply it more rigorously in line with the updated guidance.
  • Without notice orders should be exceptional rather than routine. Orders excluding a respondent from their home, workplace or other essential locations are a serious interference, requiring clear, specific evidence.
  • Applicants must clearly explain why giving notice would increase risk, create pressure to withdraw, or cause serious prejudice.

Timescales

  • Applications issued before 4pm should be considered by a judge the same day; those issued after 4pm, the next working day.
  • If a without notice order is made, a return hearing must be arranged within 28 days and the date must appear on the order.
  • On notice applications should be listed for a first hearing within 21 days of issue.
  • Every non-molestation order should include a clear end date; a return date alone is insufficient.

Clearer Drafting 

  • Non-molestation orders must be clear, proportionate and enforceable.
  • Vague or technical language should be avoided, including uncertain terms such as ‘harassment’, ‘pestering’, or ‘molestation’.
  • A no contact clause should be the starting point, covering direct and indirect contact, with narrow exceptions, such as legal correspondence or communication about children.

Recognising all Forms of Abuse 

  • Practitioners should assess all forms of abuse and ensure that serious non-physical harm is not overlooked.
  • When considering whether it is ‘just and convenient’ to proceed without notice, courts should apply the definition of domestic abuse in the Domestic Abuse Act 2021 – recognising psychological, emotional and economic abuse in addition to physical harm.
  • Judges should assess patterns of behaviour over time, not just isolated incidents.

Service

  • Personal service by bailiff or process server remains the default. Alternative methods, such as email or messaging apps, require judicial approval and should only be used where personal service is not possible.

Linked Proceedings

  • Courts should identify and coordinate overlapping Family Law Act and Children Act proceedings early, to share findings and avoid duplicate fact-finding.

The updated template for a Non-Molestation Order can be found in the ‘Information Centre’ under the ‘Private Law’ tab.