Contents:
What is a Non-Molestation Order (NMO)?
This article is about the breach of a non-molestation order (NMO). However, we must understand what an NMO actually is in order to cover what happens when you breach it.
NMOs, under section 42 of the Family Law Act 1996, aim to protect individuals from abuse or harassment by preventing the respondent from contacting or approaching the protected person. The protected person can be the applicant of the NMO or any children involved or both.
The court typically issues Non Molestation Orders where there is risk of harm, and breaches are considered serious. The typical duration of an Non Molestation Ordersis between three to twelve months, however, it can be extended, withdrawn or dismissed. For more in-depth information about NMO’s please click this link
The case of R v Taylor
We will focus on the following case of R v Taylor (John Edwin Charles) [2024] EWCA Crim 1206 as it highlights what happens when a non-molestation order is breached and how this breach forms a bridge between civil and criminal law.
On the 28th of August 2020, the Watford Family Court issued a non-molestation order preventing the applicant, Taylor, from using or threatening violence against his estranged wife. The order was served to him a day later on the 29th of August 2020. However, a month later Taylor went to his estranged wife’s property, jumped over a fence, and entered her garden. He broke the glass in the back door with a brick, entered the property, and followed her upstairs to her bedroom where he attacked her. The attack involved him pinning her to the bed, choking her, and repeatedly punching her in the face. The complainant reported that he forced a facemask into her mouth and stabbed her with what she believed was a penknife. Police arrived while the applicant was still in the house and arrested him on the scene. The applicant was given a 20-month custodial sentence for his breach of the non-molestation order.
The central issue in the case
In the case of R v Taylor, the court had previously granted an NMO against Taylor, prohibiting him from making any contact with the complainant except in specific circumstances related to their children. Despite this, Taylor repeatedly breached the order by contacting the protected party, which led to the appeal being heard. His breaches were regarded as persistent, demonstrating a disregard for the court's authority and the protective measures it had put in place. This highlighted the importance of enforcing NMOs to prevent further distress or potential harm to victims.
The Court of Appeal reinforced the necessity of non-molestation orders in situations involving a clear risk of harm or harassment. The breaches by Taylor underscored the gravity with which such orders are viewed, with the court ensuring that consequences for breaches are proportionate and designed to protect the welfare of those involved.
Is breaching a Non-Molestation Order a Criminal Offence?
This case is an important example of how a civil order, such as an NMO, can transition from a civil matter to a criminal one. A NMO is a civil order and having one served on you does not equate to criminal liability. What this means is that non-molestation orders do not show up on criminal records or background checks.
However, should someone breach an NMO (like the applicant in R v Taylor) it may amount to a criminal offence and in a worst case scenario the person breaching it can receive up to five years in prison. This is also known as ‘contempt of court’, which is when someone disobeys or ignores a court order. We will talk about the other possible consequences of breaching a Non-Molestation Order later in this article.
If someone finds themselves in contempt of court, this will appear on their criminal record and background checks. This is why it’s important to not disregard an NMO and if you don’t agree with the allegations made against you, look at your options.
What will happen if someone breaches a Non-Molestation Order?
The maximum sentence for breaching a Non-Molestation order is 5 years in prison, but other sentences such as fines, community orders and custodial sentences up to five years do occur.
The court will take into account mitigating factors on a case-by-case bases while making a judgement. For example if a Non-Molestation Order was breached in the best interests of a child in a matter of urgency and safety, the court may choose not to continue the matter further. On the other hand, persistent breaches with harmful intent may lead to a harsher sentence.
What are my options when I have been served with an NMO?
You can defend an NMO if you believe that the allegations made against you are false. At Court Help Limited we can help you do this by filing an application to overturn the order and by drafting your position statement. Once this application and statement has been submitted to the court, and the court has responded with a date for your hearing, the court will then analyse your evidence and statement and make a decision on whether to dismiss or discharge the NMO issued against or whether to list the matter for a further hearing.
Alternatively, you can give an undertaking, which means you make a promise to the court and to the parties involved that you will do or will refrain from doing certain things as are stated in the NMO. An undertaking is not to be seen as an admission of guilt because you are not necessarily confirming or accepting the allegations made against you; you’re agreeing to the terms set out in the Order.
If you would like to see our success stories in defending Non-Molestation orders click here.
Can a Non Molestation Order be enforced if it has not been served on me legally?
No. A Non Molestation Order is not active until it is served on the Respondent.
How is a Non Molestation Order served?
For serving a Non-Molestation Order, there has to be a Process Server. A Process Server is someone who serves the court papers and directly delivers them to the concerned person in order to ensure the recipient receives the papers (so they cannot claim that they have not seen the order). For more information about how NMO’s are served click here.
NMO’S and Child Custody Orders:
Being a civil order under the Family Law Act, more often than not, children are involved in NMO proceedings. NMO's can involve not only the applicant but also the applicant’s children or any other children living in the household. If you are worried about the NMO preventing you from seeing your child(ren), please read this article, which has some very useful information about the matter.
Court Help Limited specialise in family law and therefore, if you do find that there are children involved in your dispute, and you would like to seek a child arrangements order, then we are here to help. We offer complete professionalism, confidentiality and empathy when dealing with cases concerning children. The most typical orders sought are Child Arrangement Orders, which fall under section 8 of the Children Act. If you would like to find out what a child arrangements order is and your subsequent options, please click here and here.
In case you are facing any such issues concerned with family law matters, do not hesitate to contact us. You can read our reviews here. At the bottom of the page , there is a Quick Contact Form, you can fill this out, email us at help@incourt.co.uk or call us at 07375757510 and one of our team will be in touch with you as soon as possible!
Note: This article is not meant as legal advice and must not be treated as legal advice.
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