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
Most rent suspension clauses in commercial property leases are unlikely to come to the assistance of the tenant. These clauses normally apply only where the premises has suffered substantial physical damage and are, as a consequence, incapable of being occupied, used or accessed. The coronavirus pandemic does not involve any physical damage to a property, loss from the crisis will be purely financial. Such losses then will not be covered by the landlord’s buildings insurance policy in a way that will allow a tenant to claim rent suspension.
- Start critical care treatment with a clear plan of how the treatment will address the diagnosis and lead to agreed outcomes.
- Review critical care treatment regularly and when the patient’s clinical condition changes.
- Stop critical care treatment when it is no longer considered able to achieve the desired outcomes. Record the decision and the discussion with family, carers and the patient (if possible).
Given the impact the Coronavirus is going to have upon the commercial property market, landlords will undoubtedly, as a matter of good commercial sense, will have to seriously entertain approaches from tenants seeking a rent suspension – notwithstanding there is no entitlement to the same under their lease.
Some landlords may decide it is better to waive or suspend rental payments over the short term rather than face their tenants going out of business and leaving them with an empty building in a flat or dead market.
A measure falling short of a rent suspension would be for the tenants to negotiate with their landlord’s monthly payments of rent rather than quarterly and for those monthly payments to be in payments arrears, rather than in advance.
Head of Commercial, Colin Hewitt, speaks with the team at NewcastleGateshead Initiative about the complexities of event cancellations and the associated legal implications.
Click here to listen to the full podcast.
No, where employees cannot work from home, and it is safe for them to return to work, they should do so.