New guidance on family court orders

New guidance on non-molestation orders comes into force on Monday, 12 January 2026, following the President of the Family Division’s publication. This update revises prior directions from 2017 and 2023, recognising the increasing number of applications alongside a deeper understanding of domestic abuse. Geeta Patel, Senior Associate at Mackrell LLP, highlighted the urgency that often accompanies non-molestation orders, stating, “Applications made without notice remain a vital protective measure, as it prioritises the immediate safety of the applicant and any children involved.”

The guidance underscores the importance of a balanced approach for emergency orders initiated without prior notification to the other party. Geeta noted the necessity for courts to consider whether emergency protection is genuinely required, explaining, “The guidance asks judges to stop and reflect on whether emergency protection is genuinely required, or whether giving notice could place the applicant at greater risk.”

A significant aspect of the new guidance is the establishment of firmer timelines. Applications made without notice must now lead to a return hearing within 28 days, while those made with notice should typically be scheduled within 21 days. Geeta pointed out that, “Delays with orders can leave all parties in a state of uncertainty,” indicating that clear timelines could restore some balance to the process.

The revised guidance also embraces a wider perspective on domestic abuse that extends beyond physical violence. “Many clients are concerned that their experience will not be taken seriously in the absence of physical assault,” Geeta commented, clarifying that the guidance acknowledges the diverse forms abuse can take, including emotional harm and financial pressure.

To enhance clarity, the new rules aim to simplify the language of the orders. Geeta explained, “Vague wording helps no one, as it creates room for things to be misunderstood,” stressing that clear language is crucial for both the applicant’s protection and the respondent’s understanding.

In an effort to foster smoother courtroom processes, a new response form, known as FL435, has been introduced. Geeta observed, “This form should help courts prepare more effectively for hearings and reduce unnecessary delay,” allowing respondents to communicate their position on an order more effectively.

Additionally, the guidance highlights the importance of timely police notification and thorough service of documents, along with improved coordination in cases involving children. “These cases are often emotionally draining for families,” Geeta concluded, noting that any measures to limit confusion and unnecessary hearings are genuinely beneficial.

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