This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive explanation of the criminal consequences of breaching a restraining order in England and Wales, including statutory framework, penalties of up to five years' imprisonment, police and CPS enforcement, court procedures, sentencing factors and practical guidance for victims and defendants.
A restraining order is a legally enforceable order made by a criminal court to protect a victim from further harassment, intimidation or conduct that causes fear of violence. These orders are issued under the Protection from Harassment Act 1997 and the Sentencing Act 2020, following conviction or acquittal in criminal proceedings. If a person subject to a restraining order fails to comply with its terms without a reasonable excuse, they commit a distinct criminal offence. This article explains the criminal consequences of breaching a restraining order, the legal framework, sentencing options, enforcement mechanisms, court processes, and practical implications for victims and defendants in England and Wales.
Legal Framework: Restraining Orders and Breach Offences
Restraining orders may be imposed by a court during criminal proceedings either when a defendant is convicted or acquitted if the court considers a restraining order necessary to protect a person named in the order. Whether imposed on conviction under the Sentencing Act 2020 or on acquittal under the Protection from Harassment Act 1997, the terms of the order can prohibit specific conduct such as unwanted contact, proximity to identified locations, or further harassment.
A breach of a restraining order is an offence under:
- Section 363(1) of the Sentencing Act 2020 (restraining orders following conviction),
- Section 5A(2D) of the Protection from Harassment Act 1997 (orders following acquittal).
In both cases, the breach offence is triable either way, meaning it can be dealt with in a magistrates' court or a Crown Court depending on seriousness.
Conduct That Constitutes a Breach
A breach occurs when a person subject to the order fails to comply with any of its terms without reasonable excuse. Examples include:
- Contacting the protected person directly or indirectly when prohibited.
- Approaching the victim's home, workplace or other specified locations in breach of exclusion conditions.
- Engaging in actions that the order expressly forbids (e.g. unwanted messages or harassment).
Even single incidents can amount to breach if they violate the precise terms of the restraining order.
Criminal Penalties for Breach
Maximum Penalty
The maximum sentence for breach of a restraining order is five years' imprisonment and/or an unlimited fine. This reflects the seriousness with which the criminal justice system treats non‑compliance with protective orders.
Court Options: Magistrates vs Crown
Because breach is a triable‑either‑way offence:
- Magistrates' Court: Can deal with less severe breaches, normally resulting in shorter custodial sentences (up to six months), fines, community orders or other non‑custodial outcomes.
- Crown Court: Handles more serious or persistent breaches, with sentencing powers of up to five years' imprisonment and other significant penalties.
The choice of court depends on factors such as the nature of the breach, previous convictions, harm caused and aggravating features.
Sentencing Factors
Judges and magistrates consider:
- Culpability of the breach (deliberate or repeated conduct).
- Harm caused to the protected person.
- Previous breaches or convictions for similar offences.
- Any aggravating factors such as violence, threats or vulnerability of the victim.
For example, breaches involving ongoing harassment, coercive conduct or repeated violations are likely to attract more severe sentences.
Enforcement: Police Powers and Court Action
Police Intervention
Where there are reasonable grounds to suspect breach, the police can arrest without a warrant. This enables swift action to protect the victim and prevent further harm. Police may then refer the case to the Crown Prosecution Service (CPS) for charging decisions.
Prosecution Strategy
The CPS has emphasised that blatant disregard of restraining orders carries serious consequences. Prosecutors often consider whether the breach was accompanied by other offences (such as harassment or stalking), and may charge multiple offences to reflect the full scope of the conduct.
For instance, breach of the order may be charged alongside harassment, coercive behaviour or other criminal conduct, with sentencing reflecting the combined seriousness.
Broader Legal Consequences
Criminal Record
A conviction for breach results in a criminal record, which may affect:
- Employment prospects
- Travel visas or immigration status
- Professional licencing and background checks
Even non‑custodial sanctions, such as fines or community orders, remain on record.
Immigration and Civil Consequences
A custodial sentence may have immigration implications for non‑UK nationals. Courts may also impose additional civil orders or vary the existing restraining order in response to a breach.
Practical Implications for Victims and Defendants
Reporting and Evidence
Victims should:
- Report breaches promptly to police.
- Preserve evidence such as communications or witness accounts showing the breach.
- Provide a copy of the restraining order to officers.
Timely reporting strengthens prosecutorial investigations and supports enforcement.
Defendants' Considerations
Defendants facing breach allegations may:
- Seek legal representation to understand the charges.
- Present recognised defences (for example, arguing lack of reasonable knowledge of the order's terms).
- Explore early engagement with the court, including bail applications or plea negotiations.
Interaction With Other Criminal Offences
A breach of a restraining order may coincide with other criminal behaviour. For example:
- Harassment offences under the Protection from Harassment Act 1997
- Stalking offences involving repeated unwanted conduct
- Assault or threats during the same incidents
Prosecutors may pursue combined charges to ensure sentences align with the full extent of the misconduct.
Common Questions
Is Intent Required for Breach?
A breach requires a person to have violated a term of the order. While knowledge of the order is important, the issue of reasonable excuse and intent is assessed in court based on the evidence presented.
What Happens After Arrest?
After arrest for suspected breach, the defendant may be held in custody, bailed to appear in court, or brought before a magistrates' court, depending on seriousness and risk factors.
Can the Restraining Order Be Changed After Breach?
Yes. Courts may also vary or discharge the original restraining order when dealing with breach proceedings if circumstances justify such changes.
Final Thoughts
Breach of a restraining order in England and Wales is a serious criminal offence with significant legal consequences. The offence is triable either way, with a maximum sentence of five years' imprisonment and/or an unlimited fine, and may be prosecuted in the magistrates' or Crown Court. Police powers to arrest and the CPS's prosecutorial approach reflect the protective intent of these orders. A breach conviction leads to a criminal record and may interact with other offences. Victims and defendants should understand the process, enforcement mechanisms and potential penalties to navigate legal responsibilities and protections effectively.
