The President of the Family Division issued new guidance in respect of non-molestation orders which came into effect on 12th January 2026. Claire Sargant, Solicitor in our Family team, provides insight into these changes, and what they mean for those seeking protection from abuse.
Understanding non-molestation and occupation orders
There are two main injunctions (protective injunctions) that can be obtained if you are suffering from abuse. Abuse is not exclusively physical but can extend to psychological, emotional and coercively controlling behaviour including financial control.
A non-molestation order - This is put in place to stop the person who is perpetrating the abuse upon you from harassing you or using, or threatening to use, violence against you or your child. It can also prevent them from contacting you or posting about you on social media.
Occupation order – This order enables you to have occupation of your home to the exclusion of the person who is perpetrating the abuse.
Rationale behind the new guidance
The new guidance has been issued primarily to improve efficiency and manage the significant surge in applications to ensure that orders are clearer, more enforceable and better suited to address all forms of abuse beyond physical violence.
Changes in application procedures
Applicants must now use form FL40, accompanied by a statement in support, standardised order, notice of acting and notice of issue of legal aid.
The standardised order (the template used to draft the injunction itself) has been introduced to ensure that non-molestation orders in particular, are proportionate, capable of enforcement and avoid ambiguity.
Potential challenges with the new guidance
In some respects, this is a helpful precedent to have. For example, it does recognise that it is not always practical for there to be a complete bar to communication in place in circumstances, where orders are in place for a significant period of time such as one year. Arrangements may need to be made in respect of any children, or any financial matters arising from separation such as what needs to happen with the family home.
In such circumstances it is appropriate for there to be an exception to communicate via solicitors and to enable documents to be served upon the other party.
There are however aspects of the guidance and standardised order which may not be particularly helpful to victims of domestic abuse.
In the past it has been common practice to include prohibitions such as ‘not to use or threaten violence’.
The new guidance does not consider such prohibitions necessary, and the prohibition is not featured in the standardised order. The reasoning behind this omission is that to use or threaten violence are already criminal offences. Whilst this is true, in reality this may leave the victim without adequate protection.
The police have been known to decline to take action when incidents have arisen following the breakdown of a relationship, instead recommending the parties seek legal advice and consider protective measures such as a Non-Molestation Order. From the victim’s perspective it would therefore be prudent for these prohibitions to remain in the order.
In practice it appears some of the judiciary will still be prepared to include the prohibition however, the new guidance may still create some difficulty for some parties.
Contact us for assistance
If you or someone you know is facing domestic abuse and requires legal protection, our team is here to help. We can advise on the likelihood of success for applications and represent you through the court proceedings. Please contact our team on 0121 746 3300 or complete our online enquiry form.
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