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.
Learn about the legal remedies for breach of restraining orders in England and Wales, including criminal prosecution, penalties, civil contempt of court, and enforcement procedures. This practical guide explains how breaches are handled and what actions victims and authorities may take.
Restraining orders are court orders intended to prevent someone from engaging in specific conduct, usually to protect another person from harm, harassment or intimidation. These orders can be imposed after a criminal conviction or in some cases following acquittal, and they are a critical tool in the criminal and civil justice systems of England and Wales. When someone breaches a restraining order, there are specific legal remedies and enforcement mechanisms that may apply. This article explains those remedies, the processes involved, and common practical considerations.
Understanding Restraining Orders and Breach
A restraining order is a legal direction made by a court prohibiting a person from doing certain acts, such as contacting or approaching a victim. These orders may arise under the Protection from Harassment Act 1997, the Sentencing Act 2020, or through civil applications in family courts where necessary to protect individuals. Restraining orders are enforceable and have serious legal consequences if breached.
A breach occurs when the person subject to the order does something they are prohibited from doing without reasonable excuse. The law treats breach of a restraining order as a criminal offence, and various remedies are available depending on the circumstances of the breach.
What Constitutes a Breach?
A breach of a restraining order happens when a person violates one or more of the order's conditions without a legally acceptable reason. Common conditions may include:
- No direct or indirect contact with the protected individual.
- Staying away from specific addresses such as a home or workplace.
- Not sending communications by phone, text, social media or email.
Even seemingly minor or unintentional conduct may amount to a breach if it contravenes the terms as set out by the court. Awareness of the specifics of the order is therefore essential.
Criminal Remedies for Breach
1. Arrest and Prosecution
The primary legal remedy for breach is criminal prosecution. Breaching a restraining order without reasonable excuse is a criminal offence under sections of the Sentencing Act 2020 and the Protection from Harassment Act 1997.
When the police receive a report of a breach, they may arrest the alleged offender. The Crown Prosecution Service (CPS) will then assess the evidence and decide whether to charge the person.
2. Court Proceedings and Possible Sentences
If charged, the defendant may be tried in either:
- Magistrates' Court, where less serious cases are heard, or
- Crown Court, for more serious or repeated breaches.
If convicted, the court has a range of sentencing options:
- Imprisonment: up to five years' custody for serious breaches.
- Fines: there is no statutory upper limit on fines in more serious cases.
- Community Orders: such as unpaid work or rehabilitation.
The sentence depends on the frequency and seriousness of the breach and any harm caused, including whether further offences such as harassment or assault occurred at the same time. Prosecutors increasingly pursue all relevant offences together to ensure proper sentencing powers.
Civil Remedies for Breach
Not all restraining orders are criminal in effect. Certain protective orders, such as Domestic Violence Protection Orders (DVPOs) or some civil family court injunctions, may be enforced through civil proceedings rather than automatically criminal ones.
1. Contempt of Court
Where a civil court order has been breached (for example a family court injunction), the enforcement route is typically contempt of court. This is a civil enforcement mechanism rather than a criminal one. The remedies the civil court may impose include:
- Fines: financial penalties for non-compliance.
- Sequestration of Assets: the court may seize or manage assets.
- Imprisonment: in serious or repeated breaches.
- Remedial Orders: compelling a person to take or refrain from an action at their expense.
An application for contempt is usually made by the person protected by the order or someone with leave of the court. This process is separate from criminal prosecution and can be pursued where criminal charges are not appropriate or supported.
2. Warrants of Arrest for Civil Orders
If a civil order has been breached, the court may issue a warrant of arrest via a subsequent application. A warrant enables police to bring the individual before the court to answer for contempt. This remedy is appropriate where there is a power of arrest attached or where the court decides to seek enforcement through contempt proceedings.
Police and Prosecutor Considerations
The police and CPS play significant roles in enforcement:
- Police Response: Police will investigate breaches, collect evidence and may arrest the alleged offender. Prior history and risk factors, such as patterns of stalking or harassment, influence how swiftly they act.
- Prosecutor Decision‑Making: Prosecutors consider whether to charge a breach and whether any new offences associated with the breach should be charged concurrently. Where additional criminal conduct is evident (such as harassment or coercive behaviour), prosecutors should pursue those charges alongside the breach.
Defences and Mitigating Factors
In some cases, a defendant may have legal defences or mitigating factors. These can influence whether a breach is prosecuted or how a court sentences a person:
- Lack of Knowledge: A breach may be contested if the order was not properly served or the defendant was not made aware of its terms.
- Unintentional Breach: Demonstrating a breach occurred inadvertently, without intent to contravene the order, may be considered at sentencing.
- Consent to Contact: If the protected person initiated contact, this may be a factor that the court considers when evaluating culpability.
Time Limits and Reporting
There is no fixed statutory “time limit” for reporting a breach; however, evidence must relate to conduct while the order was in force. Police may still investigate if a breach occurred before an order expired, provided evidence shows the breach took place during the order's active period.
Victims or protected persons should report breaches promptly to increase the likelihood of a timely response and effective evidence gathering.
Practical Steps After a Breach
- Preserve Evidence: Maintain records of communications or incidents that might demonstrate a breach.
- Report to Police: Contact the police and provide a copy of the restraining order and evidence of the breach.
- Follow Up with CPS: Where necessary, ensure the case is referred to the Crown Prosecution Service for charging decisions.
- Consider Civil Enforcement: Where criminal prosecution is not pursued, apply to the civil court for contempt proceedings or a warrant of arrest.
- Seek Support: Engage with support services for victims, especially where ongoing harassment or safety risks are present.
Final Thoughts
Breach of a restraining order in England and Wales is treated seriously by the legal system. The principal remedy is criminal prosecution, with potential penalties including imprisonment, fines and community orders. Civil remedies, such as contempt of court, are available where the breach concerns a civil court injunction or protective order without automatic criminal sanction. Police and prosecutors work together to enforce breaches and may pursue additional charges where associated criminal conduct exists. Understanding these legal remedies helps individuals protect their rights and pursue appropriate action when a restraining order is breached.
