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.
What happens if an order is broken? Understand the police powers of arrest, criminal penalties, and the legal steps to take if you are a victim or a respondent.
A non-molestation order is a protective legal injunction made by the family court to prevent someone from harassing, threatening, intimidating or otherwise molesting another person or relevant child. Although the order is a civil injunction under the Family Law Act 1996, breaching it carries serious legal consequences because the breach itself is a criminal offence. This article explains what happens when a non-molestation order is breached, how enforcement works, the possible criminal and civil consequences, and practical steps for victims and respondents.
Breach as a Criminal Offence
Criminalisation Under Family Law Act 1996
Since 1 July 2007, breach of a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996. This means that anyone who does something prohibited by the order without reasonable excuse can be charged with a crime.
Arrest and Police Involvement
The police have the power to arrest a person without a warrant if they reasonably suspect that a breach has occurred. This reflects the fact that a breach is treated like other criminal offences: officers can act swiftly to protect victims and prevent further harm.
Once a breach is reported, police may:
- Attend the scene to assess whether a breach has taken place
- Arrest the respondent if there are reasonable grounds
- Investigate the alleged breach
- Take statements from the victim and witnesses
- Gather evidence such as messages, call logs or photos
The respondent can be held in custody for up to 24 hours pending further action.
Criminal Court Proceedings
Standard of Proof
Criminal prosecution requires proof beyond reasonable doubt. The Crown Prosecution Service (CPS) decides whether to bring charges based on the evidence and whether prosecution is in the public interest.
Possible Penalties
If convicted, penalties for breaching a non-molestation order can include:
- Up to five years' imprisonment on indictment (in a Crown Court)
- A fine, or both a fine and imprisonment
- Sentencing in the magistrates' court may result in up to 12 months' imprisonment and/or a fine
Sentencing depends on the seriousness of the breach, any pattern of disobedience, the effect on the victim, and any aggravating or mitigating factors.
Persistent or repeated breaches may also lead to additional criminal charges such as harassment, stalking or other offences.
Civil Enforcement: Contempt of Court
Separate Civil Proceedings
In addition to criminal prosecution, the applicant may alternatively seek enforcement through the family court by applying for a contempt of court order. This is a civil route designed to compel compliance with the court's order.
Civil Sanctions
If the court finds the respondent in contempt, sanctions may include:
- Fines
- Imprisonment (often shorter terms than in criminal courts)
- Other orders designed to enforce compliance
In practice, criminal prosecution is more common because section 42A already provides an effective enforcement mechanism. However, the civil route remains available, particularly where an applicant prefers it or where criminal prosecution is not pursued.
Reasonable Excuse and Defences
“Without Reasonable Excuse”
The offence is committed where someone breaches the order without reasonable excuse. What constitutes a reasonable excuse is not defined in the legislation, but examples may include urgent, legitimate communication relating to child welfare or safety, though such cases are considered on their facts.
Lack of knowledge of the order is not a defence if the respondent was properly served and aware of its terms. Proper service and proof of service are key to enforcement.
Practical Steps After a Breach
Reporting a Breach
If a non-molestation order is breached:
- Contact the police immediately if there is an imminent threat or safety risk.
- Provide a copy of the order if available, so officers can confirm terms and enforce the breach.
- Keep detailed records of the breach, including dates, times, messages, photos and witness details, to support police and prosecution investigations.
- Remain safe and avoid direct contact with the respondent.
Immediate reporting helps secure evidence and triggers police investigation under criminal law.
Interaction With Other Protective Measures
A non-molestation order may interact with other legal remedies:
- Stalking Protection Orders may be issued where stalking offences occur alongside breaches of non-molestation orders.
- Domestic Violence Protection Orders (DVPOs), issued by magistrates after police application, can offer short-term protection.
- Occupation Orders can govern who may live in or return to a property, though breach of these may involve different enforcement mechanisms.
Understanding the interplay between these protections ensures comprehensive safety planning.
Impact on Respondents
Criminal Record and Consequences
A conviction for breach results in a criminal record, which may affect employment, travel and civil status. The seriousness of the breach and prior history are factors in sentencing.
Civil Consequences
Civil contempt findings may also be recorded and lead to enforcement measures ordered by the family court.
Misunderstandings About Enforcement
Respondents sometimes assume that police must act immediately. In practice, police prioritisation and evidential considerations affect response times. However, repeated or serious breaches typically prompt stronger police involvement.
Common Questions
Can a Breach Be Reported Later?
Yes, a breach can be reported after it occurs, but prompt reporting preserves evidence and strengthens enforcement. Timely action supports both criminal and civil proceedings.
Does Breach Automatically Lead to Custody?
Not necessarily. Custodial sentences depend on the severity, context and sentencing decisions. First breaches may lead to fines or community sentences; repeated or dangerous breaches are more likely to attract imprisonment.
Can Enforcement Be Challenged?
Respondents may challenge enforcement on facts or argue reasonable excuse, but proper service and clear evidence of breach are pivotal.
Final Thoughts
Breaching a non-molestation order in England and Wales carries serious legal consequences. The breach is a criminal offence under the Family Law Act 1996, enforceable by the police without a warrant and potentially punishable by up to five years' imprisonment or fines. In addition, civil enforcement through contempt of court proceedings remains an option but is less commonly used. Parties should understand that proper service of the order, accurate documentation of breaches and prompt reporting to police are fundamental to effective enforcement. Clear awareness of the criminal and civil pathways ensures that victims and respondents know the implications of a breach and the legal processes that follow.
