From Vague to Precise: The New Era of Non-Molestation Orders

Whether you’re a family law professional or someone seeking protection, the latest guidance on Non-Molestation Orders introduces significant changes you need to know about.

The President of the Family Division has issued the 2026 Guidance on Non-Molestation Orders, setting out a new approach to drafting and enforcing these protective orders under the Family Law Act 1996. The aim is clear: make orders easier to understand, fairer in application, and more practical to enforce.

Historically, Non-Molestation Orders often included broad clauses such as “do not go within 100 metres” or vague prohibitions against “harassing” or “pestering”. These terms were criticised as “not well understood and not easily enforceable”, creating uncertainty for respondents and difficulties for enforcement agencies. The new guidance addresses these issues head-on.

What’s Changed?

• No more confusing legal terms: Clauses such as “harass”, “pester”, or “molest” have been removed. These were described as “not well understood and not easily enforceable”, often leaving individuals unclear and enforcement agencies without practical tools. Ensuring the wording is clear leaves no room for interpretation.
• End of the classic 100m rule: The traditional “do not go within 100m” restriction is replaced by specific, tailored exclusions—for example, named streets, workplaces, or schools. This ensures clarity and makes enforcement realistic.
• Clearer, enforceable language: The new standard form prioritises precision, reducing ambiguity and improving compliance. In short, it uses plain language, making it easier for people to follow and for the police to enforce.

This guidance moves away from broad, generic wording and makes orders fairer and more effective. For victims, these changes mean stronger, more practical protection. For respondents, the clarity ensures they know exactly what is prohibited, reducing the risk of accidental breaches. For practitioners, the emphasis is on accuracy and detail, not generic statements.

Key tips for drafting:

• Avoid generic terms like “harass”, “pester”, or “molest”. In any event, subject to the facts of the case, it is unlikely to be necessary to make orders prohibiting the use of or threats of violence

as these are already criminal offences.

• Specify exact locations for exclusion zones (e.g., named streets, schools, workplaces).
• Use clear, plain language so it can be easily understood.
• Ensure restrictions are proportionate and tailored to the circumstances.
• Refer to the Family Justice Council model witness statement for best practice.

Read the full guidance here:Judiciary Guidance 2026 – Non-Molestation Orders