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What is a non-molestation order?

A non-molestation order is a form of injunctive relief used when there is harassment / domestic violence within a domestic setting. It is commonly used when you or your children are the victim of domestic violence committed by a partner/ex-partner, but it can also be used if the acts are committed by a relative or by somebody who has had an intimate personal relationship with you. Such domestic violence can take many forms but is typically acts of physical violence, intimidation or harassment as well as more subtle forms such as coercion.

When non-molestation orders are granted, they usually require the perpetrator to stop:

  • Using or threatening violence against you
  • Intimidating, harassing or pestering you
  • Contacting you including in person, by phone, letter or electronic means including social media
  • Damaging or threatening to damage your property and possessions

They also prevent the perpetrator from encouraging somebody else to do these things on their behalf.

In addition, a non-molestation order may prevent the perpetrator from coming within a particular distance of your home or your child’s school

Breaching the order without a reasonable excuse is a criminal offence so the perpetrator can be arrested and punished by way of a fine or up to 5 years imprisonment.

Related FAQs

My mum remarried. She has now passed away and has left everything to my step-dad. I am worried that he will not leave me anything when he dies. Can my step-dad write me out of the Will?

This will depend on the arrangements your mum (or dad, as the case may be) and her spouse have made. They may have made ‘mirror Wills’ or ‘mutual Wills’. Alternatively, they may have simply made their own Wills which have totally different provisions.

If your mum and your step-dad made ‘mirror Wills’, then the surviving spouse can revoke that Will and make a new one. They may not leave you anything under their new Will, and a dispute may rise.

If your mum and your step-dad made ‘mutual Wills’, they make a legal promise not to change their Will unless they both agree to this.

Complex family structures can lead to issues and fallouts when someone dies. These circumstances are very fact-specific. You can contact us for advice and we can advise you whether we think you have a claim.

Can I ask my employees to stay away from home overnight during the national lockdown?

As above, employees must not leave their home unless they have a ‘reasonable excuse’.

Forcing annual leave

Employers have a statutory right to require employees to take annual leave at their direction, subject to providing staff with notice equal to at least double the length of the leave that you are directing them to take (e.g. 10 days’ notice for five days leave). However, this measure is not likely to achieve any urgent cost savings or alleviate immediate cash-flow pressure as holidays would need to be paid.

Clearly, annual leave can be taken on furlough so you could have staff on furlough and annual leave.

What if you want to terminate the contract completely?

If changed circumstances mean that a business wants to exit from a contractual arrangement, then before trying to terminate it, a careful review should be carried out to see whether a right to terminate actually exists. For example:

  • Not every contract for the sale of goods contains the right for the buyer to terminate in circumstances where the supplier hasn’t done anything wrong. If a business has entered into a contract on the supplier’s standard terms, it is unlikely to contain any such provision
  • A contract for the provision of services is unlikely, if drafted by the customer, to contain a provision that allows the supplier to walk away from the arrangement at short notice, or perhaps at all

If a party tries to terminate a contract when it doesn’t have the right to do so, the other party will likely claim breach of contract and could sue for damages. In the case of a long term or high-value contract, this could amount to a very significant liability.

Even if the right to terminate the contract does exist, there might be particular rules about the following:

  • How much notice has to be given
  • How such notice has to be served (for example, it might have to be in writing to a particular address)
  • When the notice can be served (perhaps on an anniversary of the start of the contract)
  • How much a party has to pay if it cancels (for example, for raw materials, for work done to date, or even the whole contract price)

All of these factors must be taken into account, and any contractual processes for termination are followed.

What support did the Chancellor announce for employers to be attracted to take on apprentices?

The Chancellor announced that employers will be given £2,000 to employ apprentices and £1,500 for apprentices over the age of 25 for each apprentice they hire from 1 August 2020 to 31 January 2021. These payments will be in addition to the existing £1,000 payment the Government already provide for new 16-18 year old apprentices.

He also announced that employers would be given £1,000 for taking on trainees in response to the traineeship scheme being extended.