header-logo header-logo

16 January 2026
Issue: 8145 / Categories: Legal News , Abuse , Family , Harassment , Criminal
printer mail-detail

NLJ this week: Promises broken on non-molestation orders?

240106
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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll