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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
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