Domestic abuse

Domestic abuse

In cases where there have been incidents of domestic abuse it may be appropriate to seek the court's protection with an application for a non-molestation order and/or an occupation order under the Family Law Act 1996 (FLA 1996).

Under FLA 1996 the court also has the power to make a non-molestation order even where no application has been made, where, in other family proceedings to which the respondent is a party, it considers the order should be made for the benefit of any other party to the proceedings or any relevant child.

Applications for non-molestation orders and occupation orders are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 10 and the supporting practice direction, FPR 2010, PD 10A.

Non-molestation orders

A non-molestation order confers protection on family members, including children or people in a domestic relationship, against the use of violence or other forms of molestation by a person with whom they are associated. There are eight classes of applicants who are associated persons, including married or divorced couples, civil partners and engaged or formerly engaged couples.

There

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Consultation launched on guidance for short notice applications in public law proceedings

On 16 February 2026, Mr Justice Keehan, the Lead Family Presiding Judge, launched a consultation on draft guidance relating to short notice applications in public law children proceedings, following the establishment of a Short Notice Applications Working Group in November 2024 after such applications were found to account for over 60% of all public law cases. For the purposes of this consultation and in accordance with the Public Law Outline (PLO), all applications made before day 12 are considered as urgent or short notice. The working group has produced draft guidance, a  Newborn Baby Protocol and template orders, approved by the President of the Family Division, to promote a more consistent, timely and proportionate approach to allocation, gatekeeping and case management. The guidance confirms that listing is a judicial function, requires applicants to justify urgency with evidence, and distinguishes between standard listings, short notice hearings within five days, and same day emergency hearings reserved for cases where a child’s immediate safety would be compromised. The Newborn Baby Protocol sets out structured pre-birth assessment and planning requirements, including early commencement of the PLO where appropriate, timely notification to Cafcass and the court, coordinated working with hospitals, and arrangements to support parental participation. The consultation also seeks views on three sets of template orders for Public Law directions made at end of an urgent interim care order hearing, Public Law directions on issue and allocation (standard listing) and Public Law directions on issue (urgent hearing).

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