Understanding the Criminal Implications of Non-Molestation Order Breaches

Former footballer Andy Carroll appeared this week at Chelmsford Magistrates’ Court charged with breaching a Non-Molestation Order. 

Mr Carroll is charged with breaching the order made by the family court at Chelmsford Justice Centre by allegedly repeatedly calling in March last year Billi Mucklow, who has featured on the reality TV show The Only Way Is Essex. 

As a result of the high-profile nature of this case, the legal complexities of Non-Molestation Orders (NMOs) are once again under public scrutiny. 

While an NMO is an injunction issued in the Family Court, a breach is a serious criminal offence under Section 42A of the Family Law Act 1996. For any defendant, this marks a critical transition from a civil dispute to a potential criminal record. 

What is a Non-Molestation Order?   

A Non-Molestation Order is a Family Court injunction that prohibits one person from contacting another. Breaching the order is a criminal offence. It is typically available to victims of domestic abuse if the respondent is:  

• a current or former partner 
• a family member 
• someone they live or have lived with 

Non-Molestation Orders are civil orders which can prevent somebody from contacting another individual or coming near them. They are generally used to provide protection from a partner, ex-partner or family member. 

A NMO is an injunction and contains prohibitions. Typically, a NMO could prevent someone from being violent towards them, threatening violence towards them or their children, communicating either directly or indirectly or harassing them. 

In order to obtain a NMO order, an individual needs to apply to their local Family Court.  An interim order will be made sometimes on notice or sometimes without notice. A hearing will then usually be held to determine whether a full order should be made. 

The Legal context regarding the prosecution of NMO breaches. 

1. The Nature of the Offence: A Non-Molestation Order is a civil injunction, but under Section 42A of the Family Law Act 1996, a breach is a criminal offence. It is an “either-way” offence, highlighting the broad spectrum of severity these cases can cover.
2. The Administrative Process: On February 4, Mr Carroll entered a not guilty plea meaning that the court had too determine “allocation” – deciding if the case could remain in the Magistrates’ Court or was too serious for the Magistrates’ Court and must be sent to the Crown Court. Asked whether he would like to be tried in a Magistrates or Crown Court, Carroll said: “Crown please.”

The District Judge Roy Brown bailed Carroll and he will next appear at Chelmsford Crown Court on March 4 for a Plea and Trial Preparation Hearing. On that occasion he will be asked to enter a plea, if it remains a not guilty plea then arrangements will be made for a trial. 

3. Strategic Defence: In cases of alleged breach, the prosecution must prove that the defendant’s conduct lacked “reasonable excuse.” Defences often hinge on the interpretation of ‘indirect contact’ or the intent behind the actions.

What is likely to happen? 

The maximum sentence for breach of a non-molestation order is five years’ custody; however, this is the maximum sentence, and penalties can include a financial penalty, a community order, a suspended sentence or indeed a prison sentence.

If Mr Caroll were to plead guilty to the offence, the court would use sentencing guidelines to determine culpability, i.e. his intention and motivation in committing any breach. They would also determine the level of harm caused. They would then arrive at a starting point within the sentencing guidelines. This could then be adjusted upwards or downwards having regard to aggravating or mitigating features.   

Olliers Solicitors: Expert defence for NMO breaches 

Facing an allegation of breaching a Non-Molestation Order is a pivotal moment. What may have started as a private family matter has now entered the criminal justice system, and the implications are significant. However, an allegation is not a conviction and with the right proactive legal support, you can navigate this process with confidence. 

At Olliers Solicitors, our approach is both compassionate and robust. We understand that these cases are often rooted in complex personal histories and we work tirelessly to ensure the full context of your situation is understood.  

From the initial police contact through to representation in the Magistrates’ or Crown Court, we stand by your side, offering expert advice aimed at protecting your reputation and your freedom. 

Our team has successfully guided clients through NMO breach allegations, often identifying a “reasonable excuse” or lack of intent that can prevent a case from progressing or mitigate the outcome. We aim to reassure our clients and their families at every step, ensuring your rights are protected and the best possible result is achieved. 

If you or a loved one are facing an investigation or charge relating to a Non-Molestation Order, do not leave your future to chance. With Olliers’ specialist expertise, a criminal allegation is a challenge you can meet with a clear, strategic defence. 

Contact Our Specialist Team 

Contact Olliers Solicitors today for a confidential discussion by telephone on 0161 834 1515 (Manchester), 020 3883 6790 (London), email info@olliers.com or complete the form below to arrange a confidential consultation.