05 Jan 2026

From 12 January 2026, important new guidance comes into force affecting applications for non-molestation orders under the Family Law Act 1996.

The guidance by  the President of the Family Division and the Family Justice Council represents the most significant update to this area of practice for several years. This update matters because it changes how applications are made, how quickly they are dealt with and what the court now expects from practitioners.

At Rubin Lewis O’Brien, we regularly and expertly advise and represent clients seeking urgent protection from domestic abuse. We also act for respondents who need clear, fair and proportionate court orders.

Why new guidance was needed

Applications for non-molestation orders have increased sharply in recent years. This reflects a broader and more modern understanding of domestic abuse, particularly following the Domestic Abuse Act 2021, which recognises that abuse is not limited to physical violence. Controlling behaviour, coercive control, psychological abuse and economic abuse are now clearly recognised by the law.

The courts have also been under increasing pressure. The new guidance is intended to ensure that applications are dealt with safely, fairly and proportionately, while making better use of limited court resources. It also aims to improve consistency across courts and to ensure that orders made are clear and enforceable.

Key changes to non-molestation order applications

Without notice applications are the exception. “Without notice” means the hearing will go ahead with only the applicant being aware of it.

The guidance makes clear that applications without notice, sometimes referred to as ex parte applications, must remain the exception rather than the rule. Although the court retains the power to make urgent orders without notice where it is just  and fair to do so, applicants must now clearly justify why notice should not be given to the respondent.

Courts will expect detailed evidence addressing the legal test, including any immediate risk of harm, the risk that the applicant may be deterred from proceeding if notice is given to the respondent or concerns about the respondent evading  service of the application. While exceptional circumstances do not need to be rare, they must be clearly explained and supported by evidence.

A modern understanding of domestic abuse

Both sets of guidance emphasise that domestic abuse is not confined to physical violence. Patterns of coercive or controlling behaviour, emotional abuse and economic abuse are all relevant and must be properly identified and clearly set out in supporting statements. The court is required to take this broader understanding of abuse into account when deciding whether protective orders are necessary.

Practitioners are encouraged to carefully identify and assess all forms of abuse and to ensure that applications do not minimise or overlook serious non-physical harm. At Rubin Lewis O’Brien, our practitioners specialise in supporting individuals who have experienced domestic abuse in all its forms. We work closely with domestic abuse charities and specialist support services to ensure that clients are supported both legally and practically throughout the process.

Improved procedure and timescales

The guidance sets out clear expectations for how quickly applications should be dealt with. Applications issued before 4pm should be referred to a judge on the same day, or the next working day if issued later.

Where an application is made on notice, the hearing should normally be listed within 21 days. Where an order is made without notice, a return hearing must be fixed and clearly specified.

What this means for clients

For applicants, the new guidance aims to ensure that genuine cases are dealt with swiftly and effectively, with clearer orders that offer real protection. It also means that applications must be properly prepared, with detailed and tailored evidence explaining the abuse experienced and why court protection is necessary.

For respondents, the guidance improves fairness and transparency. Orders should be proportionate, clearly drafted and made only where justified. Respondents must be clearly informed of their right to challenge or vary an order and that no findings of fact are made at an early stage.

How Rubin Lewis O’Brien can help

We understand that these situations are often urgent and highly sensitive, and we deal with all enquiries confidentially and with the priority they require.

Our family law team has extensive experience in advising on non-molestation orders and other protective injunctions. We regularly act in urgent cases, including without notice applications, and are well-versed in the new procedural requirements and drafting standards.

Where appropriate, we also advise on how non-molestation orders interact with ongoing or anticipated Children Act proceedings, ensuring a joined-up and proportionate approach.

We can:
• Advise whether a non-molestation order is appropriate or whether alternative protection may be more effective
• Prepare clear, detailed and compliant supporting statements
• Act urgently in without notice applications where protection is required
• Advise respondents on their rights, options and next steps
• Ensure that orders are proportionate, enforceable and properly managed alongside any related Children Act proceedings

If you are experiencing domestic abuse or have been served with a non-molestation order and need advice, our team is here to help. Please contact Rubin Lewis O’Brien to speak to a specialist family lawyer in confidence.