On 12 January 2026, new guidance from the President of the Family Division came into effect, introducing important updates to the way Non-Molestation Orders (NMOs) are applied for and processed under the Family Law Act 1996. The updated approach aims to make the system more consistent and better equipped to manage the growing number of cases before the courts whilst ensuring applications are dealt with safely and fairly.

What is a Non-Molestation Order?

A Non-Molestation Order is a type of injunction designed to protect individuals from harassment, threats, or abuse by someone they are (or have been) in a close relationship with. These orders are a vital safeguard for those experiencing domestic abuse.

What Has Changed?

The 2026 guidance builds on existing practice and introduces measures to make the process more streamlined and efficient. Key developments include:

• Modernisation on the understanding of domestic abuse, requiring the Court to take into account the broader understanding of abuse and consider coercive or controlling behavior as well as emotional, psychological and financial abuse rather than focusing only on an isolated incident or just physical abuse.
• Clearer expectations for applications, including guidance on evidence and documentation, and making it clear that without notice Orders are made in exceptional circumstances and are not the norm.
• Standardised forms and templates (Annexes 1 and 2) to ensure consistency across courts, ensure clearer language is used in Orders and to assist with identifying key issues prior to any hearing.
• Revised procedures and timescales, helping to ensure that applications are dealt with promptly and fairly.

The overall goal is to improve access to swift protection while ensuring the courts can manage the growing volume of applications fairly and efficiently.

What This Means for Applicants

For those seeking a Non-Molestation Order, the new process should mean a more straightforward experience and clearer and fairer Orders. The guidance also gives clearer direction to practitioners and judges, helping to reduce inconsistencies between different courts.

At Beers, we welcome these changes as a positive step towards ensuring that anyone facing domestic abuse can access protection quickly and with confidence in the legal process.

How Beers Can Help

If you or someone you know needs advice about a Non-Molestation Order or any other aspect of family law, our experienced and understanding team is here to help. We’ll guide you through the process with care, clarity, and discretion.

Contact our Family Law team in Kingsbridge or Plymouth for confidential advice and support.