What to do if your non-molestation order is broken
When the person named in your order does something it forbids, they have breached it. Since 2007 that has been a criminal offence under section 42A of the Family Law Act 1996, with a maximum of five years in prison.
In danger? Call 999. If you can't speak, dial 999 and press 55 when asked. Tell the operator you have a non-molestation order.
Examples of breaches
Anything the order prohibits, once the person knows about it – most often:
- coming to your home, workplace or the children's school, or within the distance the order sets
- phoning, texting, emailing or messaging you
- getting in touch via other people, or asking someone else to contact you
- posting about you or messaging you on social media
- threats, harassment or intimidation
- damaging your belongings
Check the exact wording. The order only forbids what it says. If something falls outside it, the police may not be able to act under the order – though the behaviour could still be a separate crime.
"I agreed to see them"
The order binds the other person, not you – you can't breach it. But inviting contact can make prosecution harder and muddy the waters. If things have changed, ask the court to vary the order rather than ignoring it.
Five steps when it happens
- Get to safety. Call 999 if there's any immediate risk.
- Report it. If you're not in immediate danger, call 101 or use your police force's online reporting. Say you have a non-molestation order and give the court and the date it was made.
- Keep the evidence. Screenshots, call logs, photos, doorbell video and witness names. Write down what happened, when and where, as soon as possible.
- Have the order to hand to show the police.
- Let your support worker or solicitor know, if you have one.
Police powers
Because breach is a crime, the police can arrest without a warrant. The person may then be:
- charged and held in custody, or released on bail with conditions
- given a caution, in some cases
- prosecuted in the magistrates' court or Crown Court
Penalties range from fines and community orders to prison, depending on how serious the breach was, any violence or threats, and previous breaches. The maximum, after conviction in the Crown Court, is five years. On conviction, a criminal court may also make a restraining order for extra protection.
Contempt of court as an alternative
You can instead ask the Family Court to treat the breach as contempt of court, which can lead to a fine or up to two years in prison. This route is sometimes used where the police decide not to prosecute.
The person can't be punished twice for the same breach – a conviction rules out contempt for the same conduct, and vice versa. Contempt applications go to the court that made the order and can be complicated, so legal advice is worthwhile; legal aid may be available.
If the order hasn't been served
The offence only applies once the other person knows about the order. If it hasn't been served, contact the court about service immediately – see serving the order. Report the behaviour to the police anyway; it may be a crime in its own right.
Occupation orders
Breaking an occupation order isn't automatically a crime. If a power of arrest is attached, the police can arrest and must bring the person before the court within 24 hours. If not, you can ask the court for a warrant of arrest on form FL407, with a statement describing the breach.
Undertakings
If the other person gave an undertaking (a promise to the court) instead of an order, breaking it is not a crime – you'd need to apply to the court for contempt. It's one reason to push for an order, not an undertaking, at the return hearing. See the return hearing guide.
Time to extend?
Breaches are strong evidence that you still need protection. If your order is nearing its end date, apply on form FL403 to extend it before it expires, mentioning the breaches. See how long it lasts.
Summary
- Breach is a crime – up to five years in prison.
- 999 in an emergency, 101 otherwise.
- Keep evidence and carry the order.
- Contempt of court is an alternative, not an addition, for the same act.
- Occupation orders and undertakings work differently.
Can a single text message lead to arrest?
Yes, if the order bans contact and they knew about it. Whether they are charged depends on the circumstances, but report every breach.
The police won't do anything – what now?
Get the officer's name and a reference number, and ask to speak to a supervisor or the domestic abuse unit. You can also apply to the Family Court for contempt of court.
Let us draft your court papers – free
Tell us what has been happening, in your own words. We write up your FL401 application and supporting statement at no cost, then explain how to sign them and get them to the Family Court. The court charges nothing either.