Non-Molestation Orders and the New Domestic Abuse Protection Orders: How the Family Court Decides, the Return Hearing, and What Changes from 25 November 2026

Key Takeaways

• A non-molestation order is a family court injunction that stops an associated person from molesting you or a relevant child. It is made under section 42 of the Family Law Act 1996, it is available across England and Wales now, there is no court fee, and molestation is read with today's understanding of domestic abuse, including coercive and controlling behaviour.
• Since 12 January 2026 the family court must deal with applications to fixed deadlines. Under the President's Guidance 2026, an application issued before 4pm goes to a judge that day; a without-notice order on paper must list a return date within 28 days; a refusal on paper lists an on-notice hearing within 21 days, with a reconsideration request possible within 2 working days; and every order must carry a fixed end date, which may be 6 or even 12 months.
• An order made against you binds you once you know about it, and it is not a finding that you did anything. A without-notice order must say that the court heard only the applicant's evidence and made no findings of fact, but section 42A(2) makes any breach after you became aware of the order a criminal offence.
• Respondents should return form FL435 at least 5 working days before the return date. The form lets you agree, not oppose without any findings being made, or oppose and ask for a contested hearing, and you can apply to set aside or vary the order straight away rather than waiting for the return date.
• The court will not accept an undertaking where violence has been used or threatened and an order is needed for protection. Section 46(3A) of the 1996 Act and paragraph 18 of the Guidance say so, and in M v F [2026] EWHC 1768 (Fam) the High Court held that the return hearing is a fresh hearing and that a promise not to go to the home did not justify discharging the order without evidence.
• Breaching a non-molestation order is a criminal offence carrying up to five years' imprisonment, or a contempt of court, but not both. Section 42A(3) and (4) prevent the same conduct being punished twice.
• The national rollout of domestic abuse protection orders from 25 November 2026 has been announced but, as at 13 November 2026, has not been brought into force. The pilots in Greater Manchester, Bromley, Croydon, Sutton, Cleveland and North Wales are commenced only until the end of 24 November 2026 (SI 2026/342), and no national commencement regulations for Part 3 of the Domestic Abuse Act 2021 appear on legislation.gov.uk.
• From 25 November, the new power to order a perpetrator assessment is held back from family and civil proceedings. SI 2026/1158 brings section 142 of the Crime and Policing Act 2026 into force on 25 November 2026 but excepts section 142(2) for civil and family proceedings, so the family court cannot use it in existing family cases, and whether the exception also reaches a stand-alone application to the family court is not yet clear.
• Non-molestation orders remain available after 25 November, and neither order automatically stops contact with your children. Nothing in the 2021 Act or SI 2026/1158 repeals Part IV of the 1996 Act, and the standard order allows contact through solicitors or an agreed route for child arrangements, which the court decides separately under Practice Direction 12J.
• If you are in danger, call 999, and the National Domestic Abuse Helpline is free and open 24 hours on 0808 2000 247. The Men's Advice Line (0808 801 0327) supports male victims, and the Respect Phoneline (0808 802 4040) is for anyone worried about their own behaviour.
• WPC Lawyers acts for applicants seeking protection and for respondents with a return date coming. Our non-molestation order service covers urgent applications, form FL435, set-aside applications and representation at the return hearing.

Introduction

This guide is written for two people. One needs protection and wants to know which order fits and what the court will do with an application. The other has just been served with a non-molestation order and has a return date in the diary. Both need the same things: the procedure, the deadlines and the options, stated accurately and dated.

The procedure changed on 12 January 2026, when the President of the Family Division's Guidance 2026 on Non-Molestation Orders replaced the July 2023 guidance. It sets time limits for listing, requires a fixed end date on every order, introduces a response form for respondents (FL435) and restates when the court will refuse an undertaking. Many explanations online still describe the older practice, including the idea that a return hearing is "usually within 14 days". That is not what the 2026 Guidance says.

The second change is the domestic abuse protection order (DAPO), created by Part 3 of the Domestic Abuse Act 2021 and piloted in selected areas since 27 November 2024. The government has announced a national rollout across England and Wales from 25 November 2026. We keep two things strictly apart in this article. Confirmed law is what is on the statute book and in force, checked on legislation.gov.uk on 13 November 2026. Announcements are what the government has said it will do. As at 13 November 2026, the rollout is an announcement: the pilot commencement ends with 24 November 2026, and no instrument commencing Part 3 nationally had been published. What has been made is SI 2026/1158, which changes DAPOs from 25 November and carves family proceedings out of one of those changes.

This is general information about the law in England and Wales, not advice on your situation. If you are in danger now, the next section comes first.

If You Need Help Now

If you are in immediate danger, call 999 and ask for the police. If you cannot speak and are calling from a mobile, GOV.UK advises pressing 55 when prompted so that the call is put through to the police. Every number below was checked on the service's own website on 13 November 2026.

Speaking to a helpline does not commit you to any legal step. A protective order is one route among several, and support services can help you plan for safety whatever you decide about court.

What a Non-Molestation Order Is

A non-molestation order is an injunction under section 42 of Part IV of the Family Law Act 1996. It prohibits the respondent from molesting a person associated with them, a relevant child, or both. "Molesting" is not defined in the Act. The 2026 Guidance tells judges to apply "a modern understanding of domestic abuse", including the definition in section 1 of the Domestic Abuse Act 2021, which expressly covers controlling or coercive behaviour and psychological, emotional and economic abuse. Physical violence is not required.

Who Can Apply: Associated Persons

You can apply only against someone who is "associated" with you under section 62(3) of the 1996 Act. In summary, that covers people who:

• are or have been married to each other, or civil partners of each other;
• are cohabitants or former cohabitants, or live or have lived in the same household (other than merely as employee, tenant, lodger or boarder);
• are relatives;
• have agreed to marry or to form a civil partnership, even if the agreement has ended (an application based only on that agreement must be made within three years of it ending: section 42(4) and (4ZA));
• have or have had an intimate personal relationship of significant duration;
• are both a parent of, or have or have had parental responsibility for, the same child; or
• are parties to the same family proceedings (other than proceedings under Part IV itself).

GOV.UK notes that if you are under 16 you need permission from the High Court to apply. If the person is not associated with you, a non-molestation order is not available, and other routes (such as a harassment injunction or a police response) may be relevant.

The Test the Court Applies

Under section 42(5), the court must have regard to all the circumstances, including the need to secure the health, safety and well-being of the applicant and of any relevant child. The order may forbid molestation in general, particular acts, or both (section 42(6)). The court can also make an order of its own motion in other family proceedings, such as a children case, for the benefit of a party or a child, even if nobody has applied (section 42(2)(b)).

Orders Made Without Notice

Most applications ask the court to act before the respondent is told, which is called a "without notice" (or ex parte) order. Section 45(2) of the 1996 Act requires the court to consider all the circumstances, including any risk of significant harm if the order is not made immediately, whether the applicant is likely to be deterred or prevented from pursuing the application, and whether the respondent is deliberately evading service.

The Guidance (paragraphs 5 to 7) adds three points. First, a pattern of coercive or controlling behaviour may justify a without-notice order where the applicant could be pressured into withdrawing. Second, without-notice orders are "the exception not the rule", but "exceptional does not mean the same as rare". Third, a without-notice order that bars the respondent from their own home, workplace or another necessary place needs specific evidence and very careful consideration. Where the real question is who lives in the home, the right application is usually an occupation order, which is outside the scope of this article.

How the Court Handles an Application Under the 2026 President's Guidance

An application is made on form FL401 with a supporting witness statement. Under rule 10.2 of the Family Procedure Rules, Part 10, a without-notice application must explain in the statement why notice has not been given. There is no court fee for a non-molestation order application, an occupation order application or a request for bailiff service of either, according to the family court fees list (EX50) as last updated on 26 October 2026. GOV.UK's domestic abuse injunction guidance also explains how to apply online through RCJ Citizens Advice's CourtNav service.

The table sets out the timetable the 2026 Guidance requires. These are listing standards for the court, in force since 12 January 2026.

If the judge refuses a without-notice order on paper (option B), the court must tell the applicant that it will still consider at the on-notice hearing whether an order under section 42 is needed (paragraph 13). The Guidance also says it will seldom be right to ask for more written evidence and decide again on paper; the proper course is to list a hearing (paragraph 14).

What the Order Will Look Like

Annex 1 to the Guidance is a simplified standard order. Its main term forbids any contact, direct or indirect, with two built-in exceptions: contact through solicitors or an agreed third party (or an agreed method) to make arrangements for the children, and sending documents in the proceedings. A second term forbids going to or entering anywhere the applicant lives, stays, visits or works. Optional terms, used only where the facts justify them, cover named roads, contact with the children, tracking the applicant's location, posting about the applicant or the case online, and disclosing private sexual images.

The Guidance discourages vague words such as "harassment" or "pestering", because they are hard to understand and enforce (paragraph 22). Exclusion zones should name roads or a clearly defined area, not "100 metres from the applicant's home" (paragraph 25). An order must not stop the respondent serving evidence in reply (paragraph 23), and the dates of birth of both parties should appear on the order to help the police enforce it (paragraph 28).

Service, the Police and Safety at Court

Personal service is the starting point, by the court bailiff or a process server (paragraph 30). The applicant must not serve the order personally (FPR rule 10.6(1A)); an applicant without a solicitor can ask the court to arrange bailiff service on form D89. Service by other means needs a court order and is a last resort (paragraph 31). The court must also make sure a copy of the order is served on the police (paragraph 32).

When listing any hearing, the court should consider participation directions, including remote attendance, where there are concerns about vulnerability or safety (paragraph 9). The standard order records that Family Procedure Rules Part 3A will apply and that the applicant is assumed to be a person whose participation is diminished because of the allegations of domestic abuse.

If a Non-Molestation Order Has Been Made Against You

Being served with an order you did not know was being sought is a shock. The procedure is designed to give you a fair hearing quickly, and it helps to know exactly what the order does and does not mean.

What the Order Means, and When It Binds You

A without-notice order must say that it was made in your absence, that the court considered only the applicant's evidence, and that the court has made no finding of fact (paragraph 27). It is not a judgment against you. It is, however, a binding court order. Under section 42A(2) of the 1996 Act, breaching a without-notice order is an offence only for conduct after you became aware of the order, so in practice it bites from the moment you are served or otherwise learn of it.

Read every term. The standard no-contact term includes indirect contact and contact through other people, so messaging the applicant to discuss the order, or asking a friend or relative to pass on a message, can itself be a breach. If you need to retrieve belongings or deal with the children, use the routes the order allows, usually solicitors or the agreed method, or ask the court. Trying to avoid being served does not help: deliberate evasion is one of the grounds on which the court can act without notice under section 45(2)(c), and the court can order service by other means.

Your Three Options on Form FL435

The Guidance introduced form FL435 (Annex 2), which is served with the order. It asks you to tell the court your position in advance. Paragraph 17 of the Guidance and the information section of the standard order ask for it at least 5 working days before the hearing; the form itself says at least 5 days. Working to 5 working days meets both. Send a copy to the applicant's solicitor if they have one.

Choosing 1.2 is not an admission. It can be a sensible, proportionate outcome for someone who denies the allegations but has no wish to contact the applicant, and it avoids a contested hearing. It does still mean a binding order with criminal consequences if breached, for the period the court sets.

Applying to Set Aside or Vary Before the Return Date

You do not have to wait for the return date. A without-notice order must state that you can apply to set aside or vary it under FPR rule 18.11, and if you do, the court must list the application "as a matter of urgency, within a matter of days at most" (paragraph 26). The standard order explains how to ask for an urgent hearing in writing, with a copy to the applicant, and gives out-of-hours numbers. The FL435 form points to form FL403 for applications to vary or discharge and notes there is no fee for your first application.

What Happens at the Return Hearing

The return hearing is a fresh look at the case, not an appeal against the first judge. In M v F [2026] EWHC 1768 (Fam), decided on 21 May 2026, Mr Justice Trowell put it plainly: the hearing is "de novo", and the judge at the return date does not have to justify departing from the without-notice order. The same case shows the other side of that principle. The judge below had discharged the order after a short hearing, describing the incident as "situational" to the separation and relying on the respondent's agreement not to go to the home, his police bail and a month without incident. The High Court set that discharge aside: without evidence, it was not open to the judge to decide the risk had passed, police bail was in the gift of the police, and an agreement not to attend the home was not enough on its own. The proper course, the judge said, was to direct statements from both sides and leave the order in place in the meantime. He also stressed that there were no findings against the respondent and limited the order to the end of the fact-finding hearing in the parallel children case. (The without-notice order in that case was made in September 2025, before the 2026 Guidance took effect, but the principles do not depend on it.)

At the hearing the court may therefore:

• continue the order, with or without changes, on a no-findings basis if you agree (Guidance para 18);
• explore whether you will give an undertaking instead, subject to the limits below;
• if you oppose, give directions for statements and, where needed, a fact-finding hearing, usually keeping the order in place until then; or
• discharge the order if it is not needed.

If the court continues the order unchanged and you do not attend, it is served on you by post or email; if the terms change, you should normally be personally served again (paragraphs 33 and 34). The standard order also tells respondents that if they do not come to the hearing, the order will stay in place until its end date.

Undertakings, and When the Court Will Not Accept One

An undertaking is a formal promise to the court. Under section 46 of the 1996 Act the court may accept one instead of making an order, it is enforceable as if it were an order, and no power of arrest can be attached to it. Breach of an undertaking is dealt with as a contempt of court; the criminal offence in section 42A applies to orders.

The court must not accept an undertaking instead of a non-molestation order where it appears that the respondent has used or threatened violence against the applicant or a relevant child, and an order is necessary so that any breach can be punished under section 42A (section 46(3A), repeated in paragraph 18 of the Guidance). Where that is not the position, an undertaking remains possible and is sometimes agreed. If you are involved in children proceedings, be aware that Practice Direction 3A treats an undertaking given under section 46 as evidence of domestic abuse for the purposes of the MIAM exemption, unless there was a cross-undertaking.

Breaching a Non-Molestation Order

Under section 42A of the 1996 Act, doing anything the order prohibits, without reasonable excuse, is a criminal offence. On conviction in the Crown Court the maximum is five years' imprisonment, a fine, or both; in a magistrates' court it is imprisonment up to the general limit in a magistrates' court, a fine, or both (checked on legislation.gov.uk, 13 November 2026, with no outstanding amendments recorded). The police can arrest for a suspected breach without a warrant.

Alternatively, breach can be dealt with as a contempt of court in the family court. The same conduct cannot be punished both ways: section 42A(3) and (4) prevent a conviction for conduct already punished as contempt, and vice versa. If you are the applicant and the order is breached, report it to the police, and call 999 if you are in danger. We do not cover the defence of criminal breach proceedings, which are a matter for a criminal defence solicitor.

How Long a Non-Molestation Order Lasts, and Extending It

The Act allows an order for a specified period or until further order (section 42(7)). Since 12 January 2026 the Guidance requires every non-molestation order to state a fixed end date on its face; a return date alone is not enough, and the length is for the judge, "which may be for a substantial period such as 6 or even 12 months" (paragraph 19). An order made within other family proceedings ends if those proceedings are withdrawn or dismissed (section 42(8)).

If the order is ending and you still need protection, you can apply to extend it before the end date, on form FL403. GOV.UK's injunction guidance covers the extension route. The court will look at the position as it stands at that time.

Domestic Abuse Protection Orders from 25 November 2026: What Is Law and What Is Announced

What a DAPO Is

A domestic abuse protection order is created by Part 3 of the Domestic Abuse Act 2021. It is made to prevent a person ("P") from being abusive towards someone aged 16 or over to whom P is personally connected (section 27). The court must be satisfied, on the balance of probabilities, that P has been abusive towards that person (condition A), and that the order is necessary and proportionate to protect them from domestic abuse or the risk of it (condition B) (section 32). P must be 18 or over, and the protected person's consent is not required (sections 32(5) and 33(3)).

The main differences from a non-molestation order are these:

• Requirements, not just prohibitions. The court can impose any requirement it considers necessary (section 35), including no contact, staying a specified distance from premises, leaving a shared home, and positive requirements such as attending a behaviour change programme.
• Electronic monitoring. A tag can be required to monitor compliance with other terms (section 35(6)), but only with P present at the hearing and where monitoring arrangements are available, and for no more than 12 months (sections 37 and 38(5)).
• Notification. P must give the police their name and home address within 3 days of the order, and report changes within 3 days (section 41).
• Duration. An order can last for a specified period, until a specified event or until further order (section 38(3)). GOV.UK states there is no minimum or maximum duration.
• Breach. Breach without reasonable excuse is an offence under section 39, with a maximum of five years' imprisonment on indictment and no conditional discharge, or it can be dealt with as contempt, but not both.

Who Can Apply, and Which Court

Under section 28, an application can be made by the person to be protected, by the police, by a person specified in regulations, or by anyone else with the court's permission (a "third party", such as a relative or social worker). A victim or third party applies to the family court (on forms DA1 and, for third parties, DA2); the police apply by complaint to a magistrates' court. Under section 31 a court can also make a DAPO without any application: the family court in family proceedings between the parties, a criminal court on conviction or even acquittal, and the county court in specified civil proceedings. If the police issue a domestic abuse protection notice (DAPN), they must apply for a DAPO, and the magistrates' court must hear it within 48 hours (section 29). GOV.UK's DAPN and DAPO guidance states there is no court fee for victims.

The Pilot Since 27 November 2024

Part 3 has been in force only in pilot areas. The commencement regulations brought it in from 27 November 2024 for Bromley, Croydon and Sutton and for Greater Manchester (with the British Transport Police also able to apply), from 5 March 2025 (as clarified on 11 March 2025) for Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees, and from 28 April 2025 for North Wales (the Isle of Anglesey, Gwynedd, Conwy, Denbighshire, Flintshire and Wrexham). GOV.UK explains that a DAPO is available only where the perpetrator lives in a pilot area. The pilot periods were extended twice and now end with 24 November 2026 (SI 2026/342, made 24 March 2026). Each commencement instrument contains saving provisions, so DAPOs already made, and applications already issued, in pilot areas continue to be dealt with after the pilot period ends.

The National Rollout: Announced, Not Yet Commenced (Checked 13 November 2026)

The government has confirmed that it is rolling out DAPOs, for example in a Home Office press release of 28 August 2026, and the 25 November 2026 start date for DAPNs and DAPOs across England and Wales has been widely reported by legal publishers since August 2026. That is a statement of intention. As at 13 November 2026, no regulations commencing Part 3 of the Domestic Abuse Act 2021 nationally had been published on legislation.gov.uk: the section pages for Part 3 still record only the pilot commencement, ending 24 November 2026, and the most recent statutory instruments listed do not include one. GOV.UK's DAPO pages were last updated on 28 April 2025 and still describe the pilot areas only. We could not find a GOV.UK announcement page for the 25 November date.

So, as a matter of confirmed law today, a DAPO cannot be obtained outside the pilot areas. If you need protection now and the other person lives outside a pilot area, the route is a non-molestation order (and, where relevant, an occupation order), which GOV.UK itself recommends. We will update this article when the commencement instrument is published. The same caution applies to domestic violence protection notices and orders (DVPNs and DVPOs) under the Crime and Security Act 2010. The government intends DAPOs to replace them, but section 55 of the 2021 Act, which repeals them, has not been brought into force, so DVPOs remain law until it is.

What SI 2026/1158 Changes on 25 November, and the Family Court Carve-Out

The Crime and Policing Act 2026 (Commencement No. 5) Regulations 2026 (SI 2026/1158), made on 3 November 2026, are law. Regulation 3 brings section 142 of the Crime and Policing Act 2026 into force on 25 November 2026. Section 142 amends the DAPO provisions of the 2021 Act in three ways, but regulation 3(2) holds one of them back.

In plain terms, wherever DAPOs are available after 25 November (in the pilot areas under the saving provisions, and nationally once Part 3 is commenced), a criminal court will be able to order a perpetrator to undergo an assessment and then attend a programme, but the family court will not be able to use that new two-stage power in family proceedings. The family court keeps its existing power under section 35(1) to impose any requirement it considers necessary, which the 2021 Act already allowed to include positive requirements, and electronic monitoring under section 35(6).

One point is not settled. The carve-out uses the definition of "family proceedings" in section 56(1) of the 2021 Act, which means proceedings in the family court "other than proceedings under or by virtue of this Part". On that wording it plainly covers a DAPO the family court makes within an existing case, such as a children application, under section 31(2). Whether it also covers a stand-alone application by a victim to the family court under section 28 is not clear from the instrument itself. Until rules, guidance or a court decides the point, nobody should assume the family court will order an assessment of this kind on a free-standing application.

Are Non-Molestation Orders Still Available After 25 November?

Yes. Nothing in Part 3 of the 2021 Act or in SI 2026/1158 repeals or amends Part IV of the Family Law Act 1996, and legislation.gov.uk recorded no outstanding changes to sections 42 or 42A on 13 November 2026. Once DAPOs are available nationally, an applicant will be able to choose between the two orders, and a court in family proceedings will be able to consider either. A DAPO offers wider tools (positive requirements, tagging, police notification and no maximum length); a non-molestation order is familiar, quick, and governed by the detailed 2026 Guidance. Which suits a particular case depends on the facts and on how the national procedure is set up, which is a matter for advice at the time.

Comparing the Orders

The table compares the four orders as the law stands on 13 November 2026. The DAPO column describes the order where Part 3 is in force.

Occupation orders deserve their own article, which we are preparing. For now, our occupation order service page, linked below, explains who can apply.

Protective Orders and Child Arrangements

A non-molestation order does not, by itself, decide whether a parent sees their children. The standard order allows contact with the applicant through solicitors or an agreed third party or method to make child arrangements, and a separate term restricting contact with the children is included only where it is necessary and justified on the facts. The Guidance says it is unlikely to be appropriate to bar all communication where the parties have children or are in other family proceedings (paragraph 23).

Arrangements for the children are decided in Children Act proceedings. Where domestic abuse is alleged, Practice Direction 12J applies. Until disputed allegations are determined, the court should not make an interim child arrangements order unless it is in the child's interests and would not expose the child or the other parent to an unmanageable risk of harm (paragraph 25), and it must consider whether any contact should be supervised or indirect (paragraph 27). The Guidance asks courts to identify parallel non-molestation and children cases between the same parties, to hold at least one joint case management hearing early, and to avoid duplicate fact-finding (paragraph 36). Our article on how the family court decides child arrangements orders covers that process in detail.

A non-molestation order can also matter for mediation. Before applying for a child arrangements order, a parent must usually attend a MIAM (a mediation information and assessment meeting), but there is an exemption under FPR rule 3.8(1)(a) where there is evidence of domestic abuse, and Practice Direction 3A lists a relevant protective injunction among the accepted forms of evidence. Applications for non-molestation and occupation orders are not themselves subject to the MIAM requirement. Our mediation support service covers MIAMs and their exemptions. For a DAPO, section 33 of the 2021 Act requires the court to consider the welfare of any child whose interests are relevant before making the order.

Cost and Funding

There is no court fee for an application for a non-molestation order, an occupation order or a DAPO, or for a request for bailiff service of those applications, according to the EX50 family court fees list (updated 26 October 2026).

Legal aid can cover advice and representation for protective orders, subject to a merits test. The Legal Aid Agency's means testing guidance (updated August 2026) states that the LAA waives all upper eligibility limits for someone applying for legal aid for an order for protection from domestic abuse, although a contribution may still be required. GOV.UK's DAPO guidance says legal aid is available to victims applying for DAPOs, subject to the means and merits tests. That waiver is described for applicants; a respondent should check their own eligibility in the usual way.

If you are paying privately, our fixed and transparent prices are set out on our fees page. We do not quote figures here because they can change.

How Can WPC Lawyers Help?

WPC Lawyers, authorised and regulated by the Solicitors Regulation Authority (SRA ID 8003128), acts for people seeking a non-molestation order and for people served with one, from urgent without-notice applications and form FL435 through to set-aside applications and representation at the return hearing, and advises on how the new domestic abuse protection orders sit alongside the existing family court orders.

Our non-molestation order service covers preparing the FL401 application and witness statement, arranging service, and dealing with variation, extension and undertakings. Where the home or the children are also in issue, we act on occupation orders and child arrangements applications, and our family law team can advise on related proceedings. You can book an appointment at a time that is safe for you to talk.

Conclusion

The family court's handling of non-molestation orders is now more structured than at any point since the 1996 Act came into force. Since 12 January 2026, applications reach a judge quickly, paper decisions follow one of three set routes with fixed listing times, every order carries an end date, and respondents have a simple form to state their position at least 5 working days before the return date. The rules that protect both sides have not changed: a without-notice order is not a finding, the return hearing starts afresh, and an undertaking will not be accepted where violence has been used or threatened and an order is needed.

DAPOs are coming, but the date matters. The national rollout from 25 November 2026 is announced, the commencement instrument had not been published when we checked on 13 November 2026, and SI 2026/1158 already holds back the new assessment-and-programme power from family and civil proceedings. Non-molestation orders remain available throughout. Whichever side you are on, read the order, note the dates, and get advice early.

Glossary