Former England international footballer Andy Carroll has recently made headlines after reportedly appearing in court for allegedly breaching a non‑molestation order made in October 2024. It is understood that the alleged breach relates to repeated contact with his ex‑wife, and that Mr Carroll has entered a not‑guilty plea.
When high‑profile individuals become involved in proceedings of this nature, media attention often brings protective orders, particularly non‑molestation orders, into the public spotlight. This increased awareness helps highlight the purpose of such orders and the serious consequences of breaching them.
In this article, we look at the grounds for obtaining a non‑molestation order and the legal implications of failing to comply with one.
What is a Non‑Molestation Order?
A non‑molestation order is a protective injunction available under the Family Law Act 1996, designed to safeguard an individual, and where relevant their children, from harassment, intimidation, threats or violence.
These orders can be sought against someone with whom the applicant has a close personal relationship, including a current or former partner or a family member.
A non‑molestation order typically prohibits behaviours such as:
- Using or threatening violence
- Harassing, intimidating or pestering the protected person
- Making unwanted contact, whether directly or indirectly
- Approaching or attending specific locations linked to the protected person (e.g. home, workplace)
In urgent situations, an applicant may seek an “ex parte” order, meaning the court can grant protection immediately without notifying the other party in advance.
Consequences of Breaching a Non‑Molestation Order
Breaching a non‑molestation order is a criminal offence under Section 42A of the Family Law Act 1996. The courts treat breaches extremely seriously because these orders exist to protect individuals from harm.
Possible consequences of breach include:
- Immediate arrest
- Criminal prosecution
- Court‑imposed penalties, which may include:
- Fines
- Community orders
- Restraining orders
- Imprisonment for up to 5 years in the most serious cases
Because of the protective nature of these orders, judges take a strict approach to enforcement, and even seemingly minor breaches can lead to significant consequences.
If you require further information or wish to discuss applying for or responding to a non‑molestation order, please contact our Family Team on 0191 384 2441 or email Catherine Lowther on Catherine.Lowther@swinburnemaddison.co.uk.
