Husband Repeatedly Breaching Non-Molestation Order

Hi All,

I applied for a divorce after 6 years of emotional abuse and coercive control of myself and my children from my husband. He is refusing to move out of the marital home which is owned in my sole name. He has registered marital home rights with the Land Registry.

After applying for the divorce I was granted a non-molestation order on an ex-parte basis. I applied for this myself as he was continually harassing me and it was getting unbearable. I also asked for an occupation order too at the ex parte hearing but didn't get it. The judge has listed the case for a return hearing but it's not for months.

Problem is he has repeatedly breached the order. I recorded all the breaches in a diary and went to the local police station. They said since I'd verbally responded to his verbal aggression he could claim it was a 'conversation' and did not prove he was harassing or pestering me. They logged it as an 'incident' rather than a criminal breach of the non-mol order.

The police officer I saw advised me to record myself stating to him that I do not wish to discuss anything pertaining to the divorce or to the children with him and then if he persists harassing me to record him doing so but not to verbally respond, then to return to the police with these recordings.

So I did as the police officer advised and, unsurprisingly, my husband continued to verbally assault me which I recorded.

Today I called 101 to report the breach of the order - told them I wanted it logged as a crime and treated as a criminal offence.

Problem being I was not given a crime reference no. The person I spoke to at Essex police via the 101 phone line stated the case would be escalated and I would hear from a police officer 'in due course'. They did not seem to take it seriously at all despite me saying I was unable to return home for fear he would start on me verbally, was very distressed to the point of having to leave work in tears today and that this had been going on for 6 years and there had been several episodes since I got the non-mol order against him and that he was in breach of the order.

Question is what do I do now? He continues to pester, verbally bully and harass the kids and I over the smallest of things. Do I just wait and see if the very dismissive person I spoke to via 101 actually does something? Should I have received a crime number when I called 101? Does the fact that I didn't get a crime number mean that it is still being dealt with as an 'incident' rather than a crime?

Please can someone advise. Surely he is not just allowed to completely ignore this order with impunity? Do I go back to the court and ask for the hearing to be brought forward? If so what papers / forms would I need to take with me?

Any advice very gratefully received.

The problem with reporting afterwards is that the issue has stopped and so isn’t an emergency.

Next time he starts immediately ring 999 and tell them there is an ongoing domestic and you are alarmed and distressed. When Police attend explain that you are afraid for your safety and things have been escalating, the fact you have a non mol supports that.

It won’t be pleasant having Police attend as an emergency, someone may get arrested and the neighbours will all know your business. But your current situation sounds horrible so it can’t be any worse.

Thank you. Am I able to report his recent breaches to the court without involving the police? And is so how would I go about this? Since I was unsuccessful in obtaining an occupation order at the ex parte hearing can I now submit another FL401 to the court to re-apply for the occupation order in view of the breaches? Or do I just have to wait for the return hearing (scheduled for 3 months time) - is there any way I could get the return hearing brought forward?

You could but remember that a non molestation order is issued by a civil court. If you return to them just saying that he keeps breaching it what are you wanting them to do?

Now that a crime has been committed, ie the breach of the non mol if the Police are involved it will be dealt with by a criminal court. They have far more power and the consequences for your ex will be much greater and he is far more likely to change his behaviour.

If arrested it is quite likely that bail conditions would include not attending at the FMH so you would have protection while waiting for a court hearing.

Another thing to bear in mind that there will be no cost to you to use the criminal court system.

Thank you for your reply WYS.

You could but remember that a non molestation order is issued by a civil court. If you return to them just saying that he keeps breaching it what are you wanting them to do?

Ideally bring the return hearing forward and grant me an occupation order. Is that likely?

If arrested it is quite likely that bail conditions would include not attending at the FMH so you would have protection while waiting for a court hearing.

That would be ideal but as it stands police have failed to act despite me reporting the breach.

Question is what is my next move if police continue to fail to act? Wait until nx time he is verbally aggressive and call 999?

Problem with the 999 approach being my kids may be in the house and if their dad (my first ex husband) gets wind of the situation he will take me to court for him to be the kids’ primary carer. Currently I am the main carer and do not wish this to change. He is currently asking for 50-50 care which I do not believe to be in the kids’ best interests. There was also emotional abuse and control in my marriage to him. I just want my current husband out of my house without my first ex husband finding out.

Unfortunately Police are stretched to the absolute limit. If it’s a 999 emergency they will respond. If you report it after the event on 101 when there is no longer a risk it is going to be in a long “to do” list.

Same with court. They may take the opinion that if no emergencies have occurred then the current non mol is sufficient.

What would happen if I change the locks and put his stuff out on the drive?