header-logo header-logo

16 January 2026 / Jeni Kavanagh , Jessica Mortimer , Oliver Kavanagh
Issue: 8145 / Categories: Features , Criminal , Abuse , Harassment , Family
printer mail-detail

Non-molestation orders: Broken promises

240106

Jeni Kavanagh, Jessica Mortimer & Oliver Kavanagh on why there is a mismatch between the protection promised by non-molestation orders & what is enforced as a breach

  • There is a persistent enforcement gap between the protection non-molestation orders (NMOs) promise and the criminal courts’ approach to breach.
  • The criminal test for breach of a prohibition to ‘harass’ a victim under an NMO is drawn from the jurisprudence on the Protection from Harassment Act 1997.
  • Judicial or legislative recalibration is needed to bring the test for breach back into line with Parliament’s intention.

Non-molestation orders (NMOs) continue to be the most frequently used protective tool in domestic abuse cases. In the first quarter of 2025, 9,374 domestic violence remedy orders were made by the family court, 94% of which were NMOs; demand has almost doubled since 2011 (Ministry of Justice, 2025). The purpose of NMOs is preventative: they are intended to restrict behaviours before they escalate to the point of criminality or serious harm.

When

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll