Breaching Non-Molestation Orders

Breaching Non-Molestation Orders is a serious offense that carries severe consequences, including the possibility of being sent to prison. As one of the UK’s most highly regarded and successful law firms, our Criminal Law Solicitors provide straightforward advice, gleaned from many years of collective expertise, to people who have been charged with breaching a Non-Molestation Order. Our team will ensure that you get to tell your side of the story to the police and, if the case goes to trial, a judge and jury.

Our Criminal Defence Solicitors have the required skill set and experience, not only regarding case preparation and presentation but also in terms of client care, to secure an acquittal, or have charges dropped before your court date. By instructing us, you can be confident that you have access to solid support, expert legal knowledge, and unmatched advice and representation, provided at every stage of the proceedings. We make it as easy as we can for you to talk openly and freely about difficult subject-matters, listening without judgement and letting you know what to expect.

What is a non-molestation order?

A Non-Molestation Order is an injunction granted by The Family Court. The purpose of the order is to prevent a person (partner / ex-partner / associated person) from causing another harm.  The harm includes any form of violence, harassment, or threat against another person. Non-Molestation Orders are predominantly used to protect those who allege the person they are seeking protection from (the Respondent) subjected them to domestic abuse.

A Non-Molestation Order can be served against:

• A spouse, or ex-spouse
• A civil partner, or previous civil partner
• A fiancé(e) or ex-fiancé(e) – evidence of the intention to marry will be required
• Cohabitees or ex-cohabitees
• A family member
• A person living with, or who used to live with the applicant
• The father or mother of the applicant’s children

How is a Non-Molestation Order Breached?

A Non-Molestation Order is breached when the Respondent violates any of the conditions set out in the Order. This can range from direct physical contact with the Applicant to indirect forms of harassment, such as sending threatening messages or stalking them. It is crucial to note that even unintentional or accidental breaches may still result in the Respondent being arrested and charged with a criminal offence.

Will I be arrested if a Breaching Non-Molestation Orders charge is made against me?

Breaching a non-molestation order is a criminal offence; therefore, the police can arrest you to prevent the breach happening or the person protected by the Order can report a breach to the police after it occurs.

Upon receiving the report, the police will run a check through relevant databases to confirm:

1. There is a Non-Molestation Order in place, and
2. The terms of the Order.
3. The length of the order

If you are arrested for breaching a Non-Molestation Order, the attending police officer is likely to interview you under caution. You have the right to have legal representation during the interview.

If there is sufficient evidence, the police may choose to charge you with breaching the Non-Molestation Order.

What are the penalties if I am convicted of breaching Non-Molestation Orders?

If you are convicted of breaching a Non-Molestation Order, the Court will follow the Sentencing Guidelines to determine the sentence you should receive. The maximum sentence is five years imprisonment.

Once the Court has determined a sentencing starting point, for example two years imprisonment, it will examine any aggravating or mitigating factors that may mean the sentence should be increased or reduced.

There are two aggravating factors that have been set out in statute, namely:

• Previous convictions, having regard to
  • a) the nature of the offence to which the conviction relates and its relevance to the current offence; and
  • b) the time that has elapsed since the conviction.
• If the breach was committed whilst the Defendant was on bail.

Other non-statutory aggravating factors include:

• The breach was committed shortly after the order was made.
• The Defendant has a history of breaching court orders.
• The breach involves a further offence (where not separately prosecuted).
• Contact arrangements with child/children are used to instigate offence.
• A proven history of violence or threats by Defendant.
• The protected person was driven from their home because of the breach.
• Children or other family members were negatively affected by the breach.
• The subject of order breached is particularly vulnerable.
• The Defendant tried to stop the person harmed by breach from reporting an incident or seeking assistance.
• The breach was committed on licence or while the Defendant was subject to post sentence supervision.

Factors reducing seriousness or mitigating the breach include:

• The breach was committed after prolonged period of compliance.
• The Defendant quickly surrendered or admitted the breach.
• The age and/or lack of maturity of the Defendant.
• Mental disorder or learning disability were linked to the commission of the offence.
• The Defendant has is the primary carer for dependent family members.
• The contact not initiated by offender; however, a careful examination of all the circumstances will be undertaken before weight is given to this factor.

How Reeds Solicitors can help you

We can provide expert advice and representation from arrest through to a criminal trial. If you have been arrested or asked to attend an interview under caution, you have the legal right to have a Criminal Defence Legal Representative at your side. We will examine the charge sheet, consult with the police, in order to establish the exact nature of the allegations against you. If the police are considering releasing you on pre-charge bail, we will challenge them to produce evidence to show this is necessary and proportionate.

Our team will tenaciously investigate your case and do everything possible to have the charges or police interest in you dropped before your court date. If a criminal trial proves inevitable, we will advise you on entering your plea. Your case will be meticulously prepared and if required, we can instruct the best Criminal Defence Barristers and King’s Council to represent you.

Our Criminal Defence Solicitors have the expertise and experience to assist you with defending charges related to breaching Non-Molestation Orders. Please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.