The Family Court Library. Breach of Non Molestation Order

breach-of-non-mol-order

General Disclaimer: Nothing presented constitutes legal advice and the McKenzie Friend UK Network is not a legal entity or in anyway claims to be a 'legal resource'. The resource guide is supported by McKenzie Friends and Litigants in person for Litigants in Person in Family Court. McKenzie Friends provide layperson support as an informed friend under the Family Court Practice Guidance of 2010. All information is published under the spirit of that guidance. For any corrections of the information, please contact the McKenzie Friend UK Network

Breach of Non Molestation Order

Offence of breaching non-molestation order

(1) A person who without reasonable excuse does anything that he is prohibited from doing by a non-molestation order is guilty of an offence.

(2) In the case of a non-molestation order made by virtue of section 45(1), a person can be guilty of an offence under this section only in respect of conduct engaged in at a time when he was aware of the existence of the order.

(3) Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court.

(4) A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court.

(5) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine not exceeding the statutory maximum, or both.

(6) A reference in any enactment to proceedings under this Part, or to an order under this Part, does not include a reference to proceedings for an offence under this section or to an order made in such proceedings.

Enactment ”includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30)

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MaKenzie Friends operate as 'lay persons' who are not legally trained or qualified, but who will support you through the family court process as an 'informed friend'.

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Philip Kedge is a retired police Chief Inspector and the founder and director of the McKenzie Friend UK Network. His aim is to remove lawyers from the family court with his own ethical business to reduce conflict and acrimony, to provide training and a cost effective McKenzie Friend national service and to reduce the emotional harm to children as a non-legal entity and informed friend.

Offence of breaching non-molestation order

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We have already saved our clients over £20 million in unnecessary legal fees

We have already saved our clients over

£20 million in unnecessary legal fees