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
Parental alienation is where one parent adversely influences their child in a way that causes the child to develop hostile feelings towards the other parent for no valid reason.
Examples of behaviour that can lead to parental alienation can range from frowning or ignoring the child whenever the other parent is mentioned, to one parent bad mouthing the other parent. Behaviour that can cause parental alienation is in essence, anything that causes the child to perceive the other parent in a negative light, such as one parent encouraging the child to be disrespectful towards or behave badly towards the other parent, lying to the child to make the other parent appear in a negative light or not passing on telephone messages or gifts.
It should be noted that the court has absolute discretion to make any order it sees as necessary when considering the arrangements for children and therefore if the court determines that there has been parental alienation it can make an order to alter the amount of time that the child spends with each parent, or it can in exceptional cases make an order changing which parent the child lives with.
At the discretion of the lender, the Scheme may be used for unsecured lending for facilities of £250,000 and under.
Lenders were required to demonstrate lending additionality (i.e. lending that without the Scheme, wouldn’t have otherwise taken place). The Scheme has been extended to those businesses who would have previously met requirements for a commercial facility and would not have been eligible for CBILS. As a result it is suggested that all viable small businesses affected by Covid-19, and not just those unable to secure regular commercial financing, will now be eligible should they need finance to keep operating.
Primary Residential Property cannot be taken as Security under the Scheme. If the lender can offer finance on normal commercial terms without the need to make use of the Scheme, they will do so.
Ward Hadaway in conversation with Begbies Traynor webinar was recorded on Tuesday 16th June.
The business spotlight is firmly on Directors. Difficult, sometimes drastic decisions need to be made in unprecedented times. But the consequences of those decisions have long shadows, and Directors need to consider their future position through the lens of their creditors, shareholders, funders, HMRC and even the courts.
In conversation with leading business rescue and recovery specialists, Begbies Traynor, we focused on the proactive approach Directors can take in these exceptionally challenging times. We discussed very practical advice about the quickest routes to funding, how to bolster cash flow, protecting the Board, and ultimately how to be proactive and in control of the process if you think there is no way back for your business as a result of the pandemic.
It is important to note that the changes to insolvency law currently before parliament only deal with wrongful trading – all other duties remain the same. So Directors must still ensure they are acting in the best interests of the company, its shareholders and creditors. In this context, the webinar discussed funding options for keeping a business solvent, and how to manage the process if this is not possible.
Ward Hadaway partner Emma Digby talked to fellow partner and insolvency specialist Jane Garvin and Kris Wigfield and Matthew Cluer from Begbies Traynor about these issues.
This webinar is the first of our Yorkshire “In conversations with…” where we explore with other experts how businesses can get on the front foot in #gettingbacktobusiness.
Employees continue to accrue leave during furlough (whether they are on full furlough or flexible furlough) and can take leave during periods of Flexible Furlough (so long as you top the grant up to full pay for any days taken as holiday).
Government guidance has been updated to state that “Employees should not be placed on furlough for a period simply because they are on holiday for that period.” If a period of furlough happens to coincide with an employee’s holiday then you should ensure that there are business grounds to support furlough being used in that instance so that it isn’t just being used as a means to fund holiday utilisation.
Workers who have not taken 20 days holiday entitlement due to Covid-19 can now carry it over into the next 2 leave years. It only applies where it was not reasonably practicable for a worker to take their annual leave due to the coronavirus.