Chambers News
Non-Molestation Orders: new presidential guidance and what it means in practice
26 May 2026This episode of ‘Bite Size Barristers’ from 29 Bedford Row features Emily Page and Mark Ablett. In it they explore the evolving landscape of non-molestation orders. Their conversation spans the 2023 decision in DS v AC through to the President's new guidance and standard orders issued earlier this year (dated late 2025).
In DS v AC in 2023, Mrs Justice Lieven reviewed established practice around without-notice applications and set out guidance saying that without-notice orders should only be made in exceptional circumstances, with proper consideration of the absent party's rights. Since that decision, practitioners have noticed a real shift, with judges increasingly willing to scrutinise evidence and question whether a court order is truly necessary.
The most recent guidance from the President builds on this foundation, covering both procedure and substance. It addresses the timing of applications, how quickly judges should consider them, and what steps follow if a without-notice order isn't granted on the papers. It also tackles the language of orders themselves and considers proportionality.