Automatic extension for Non- Molestation order when it is breached

The Government should change the law so that Non-Molestation Orders must be automatically extended where an abuser has breached the order and been convicted. Victims should not be forced to relive trauma through further statements and court hearings to prove an already established danger.

Victims seeking to extend a Non-Molestation Order can be forced to relive trauma, submit new statements, and attend hearings, even when an abuser has already breached the order and been convicted. This causes unnecessary stress on the victim and added pressure on the courts. Where a breach has led to conviction and for offences such as stalking and/or harassment or violence, Non-Molestation Orders should be automatically extended without victims having to repeatedly prove the danger they face.

The Government recognises that returning to court after a breach of a non-molestation order (NMO) can be distressing and retraumatising for victims of domestic abuse. We understand the concerns raised in this petition and are committed to ensuring victims are protected and perpetrators are held to account.

NMOs are made by the family court under the Family Law Act 1996 to protect victims, and where appropriate relevant children, from harm of abuse. Breach of a NMO is a criminal offence punishable by a fine or up to five years’ imprisonment or both.

While the Government understands the intention behind this proposal, it does not support automatically extending all NMOs following a conviction for breach.

Decisions about whether a protective order remains necessary, and how long it should remain in force, are matters for the independent courts. Judges are best placed to assess the circumstances of each case, including the level of risk to the victim, any changes in circumstances, the needs of any children involved, and the protection required going forward.

An automatic extension would remove the court’s ability to consider the individual facts of each case, and to assess whether the protection that is offered is sufficient in every case. It could also result in orders remaining in force for longer than is necessary in some cases, or for a period that does not reflect the particular circumstances of those involved. The Government believes that decisions about ongoing protection should continue to be made on a case-by-case basis by the courts.