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 guide to breach reporting procedures for domestic abuse orders in England and Wales. Explains how victims report breaches of non‑molestation, stalking protection and DAPOs, police investigation and arrest powers, evidence gathering, risk assessment and enforcement options.
Domestic abuse orders - including non‑molestation orders, stalking protection orders (SPOs) and domestic abuse protection orders (DAPOs) - are legal protections designed to restrict harmful or abusive conduct and safeguard victims and their families. When these orders are breached, it is vital that victims and relevant authorities understand the procedures for reporting breaches and the steps that follow. Prompt reporting and appropriate investigation help enforce the order, protect safety and allow criminal or civil action where applicable. This article explains how breaches are reported, who should be contacted, what happens next, and practical considerations for victims and advisers in England and Wales.
1. Understanding What Constitutes a Breach
A breach occurs when a person subject to a domestic abuse order does something the order expressly prohibits or fails to do something the order requires, without reasonable excuse. Examples include ignoring a non‑contact clause, entering a prohibited location, communicating with the protected person, failing to provide required information such as an address, or ignoring electronic monitoring conditions.
Not all orders are enforceable in the same way, but breaches of many protective orders are criminal offences - including non‑molestation orders, stalking protection orders and DAPOs - and can lead to arrest and prosecution.
2. Who Can Report a Breach
Breaches may be reported by:
- The victim or protected person named in the order,
- A third party including family members or professionals who have witnessed or received evidence of the breach,
- Agencies involved in safeguarding or monitoring compliance, such as electronic monitoring providers for DAPOs.
3. How to Report a Breach to the Police
i. Immediate Danger or Ongoing Harassment
If there is an immediate risk to life, physical harm or danger, call 999. This should always be the first step where safety is at risk.
ii. Non‑Emergency Reporting
For breaches that do not involve an immediate emergency:
- Call 101 to report the alleged breach to your local police force - ideally the force covering the area where the breach occurred.
- Some police forces offer online reporting portals or live chat systems for non‑urgent reports.
- Attend your local police station in person if safer or more effective, especially where immediate formal recording is needed.
When reporting, it is helpful to:
- Provide a copy of the protective order,
- Explain which specific term was breached,
- Note when and where the breach occurred, and
- List any evidence such as messages, photos or witness accounts.
Police should record the breach, assess risk and determine whether to investigate the breach as a criminal offence.
4. Police Response and Risk Assessment
Once a breach is reported:
- The police will undertake an initial risk assessment to decide on appropriate action.
- Orders that are criminally enforceable - for example non‑molestation orders, SPOs and DAPOs - should prompt a criminal investigation and, where the evidence supports it, arrest without warrant.
For DAPOs specifically, statutory guidance emphasises that all police forces must respond to reported breaches and investigate them regardless of which force applied for the order.
Police will record the incident, consider any additional offences, and liaise with the Crown Prosecution Service (CPS) about whether to charge the respondent.
5. Criminal Proceedings Following a Report
If police believe a breach constitutes a criminal offence:
- They may arrest the suspect immediately if there are reasonable grounds to suspect a breach.
- The suspect may be charged and the case referred to the CPS for prosecution in the criminal courts.
- The CPS may prosecute the breach alone or alongside other criminal charges if there is overlapping criminal conduct.
Criminal processes require proof beyond reasonable doubt, so police will compile and present evidence to the CPS for charging decisions.
6. Civil Contempt and Alternative Enforcement
Where the breach does not amount to a specific criminal offence - such as breaches of certain civil orders without automatic powers of arrest - the victim may pursue civil enforcement through the family court by applying for contempt of court proceedings. This can lead to fines or short custodial sentences imposed by the court.
Victims or other parties can apply to the court that made the original order for a warrant for arrest in contempt proceedings if police enforcement is not appropriate or available.
7. Gathering and Preserving Evidence
Reporting breaches effectively requires good evidence collection and preservation. Evidence may include:
- Screenshots of messages or social media communications,
- Witness statements from third parties,
- Photographs showing proximity to prohibited areas, and
- Recorded times and dates of incidents.
Victims are encouraged to secure copies of evidence safely - ideally outside the presence of the alleged respondent - and share it with police when reporting.
8. Ongoing Monitoring and Safeguarding
Following a reported breach, police and partner agencies may:
- Review and update risk assessments for the victim,
- Notify specialist support services such as Independent Domestic Violence Advisers (IDVAs), and
- Consider multi‑agency safety planning where additional violence or escalation is evident.
Where breaches suggest significant risk, referral into mechanisms such as Multi‑Agency Risk Assessment Conferences (MARACs) may be appropriate.
Common Questions
Do I need a solicitor to report a breach?
No. Anyone can report a breach to the police. A solicitor can help explain order terms and support evidence collection, but reporting itself can be done directly.
Does police action happen automatically?
Police should investigate breaches of criminally enforceable orders, but the extent of action may vary based on evidence, risk assessment and available resources. Emphasising serious or repeated breaches can influence prioritisation.
Can breaches be used in court?
Yes. Evidence of breach can support criminal prosecution, impact sentencing, or be used in family or civil proceedings related to ongoing protective or contact orders.
Summary
Breach reporting procedures for domestic abuse orders in England and Wales are designed to ensure prompt action to uphold protective measures and maintain victim safety. Victims can report breaches through emergency (999) or non‑emergency (101 or online) channels to the police, who should then investigate and take appropriate enforcement action where a criminal offence exists. Evidence gathering, risk assessment, and liaison with prosecutors underpins the process, and victims can also pursue civil contempt proceedings where police enforcement is not applicable. Effective breach reporting and collaboration with authorities and support services are crucial to enforce protection orders and protect those at risk.
