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16 January 2026
Issue: 8145 / Categories: Legal News , Abuse , Family , Harassment , Criminal
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NLJ this week: Promises broken on non-molestation orders?

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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection

While recent authority has clarified that formal service is not required before enforcement, a deeper problem remains: criminal courts apply a high ‘oppressive conduct’ threshold drawn from harassment law. The result is a doctrinal mismatch between what family courts prohibit and what criminal courts will punish.

The authors show how patterns of coercive control—central to modern understandings of abuse—can evade prosecution precisely because victims have learned to mask distress. They call for judicial or legislative recalibration to realign enforcement with Parliament’s original intent, alongside clearer drafting of NMOs.

Without reform, the promise of protection risks remaining largely illusory.

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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