Breach of Non-Molestation Order

What Counts as a Breach

If you are in immediate danger call 999; the National Domestic Abuse Helpline is 0808 2000 247.

A non-molestation order is made by the family court under section 42 of the Family Law Act 1996 and forbids the person named in it from molesting you or a relevant child. Since 12 January 2026 the President of the Family Division's guidance has given courts an example of a simplified order which, where appropriate, forbids any contact, direct or indirect or through a third party, and going to where you live, save for contact about the children or serving evidence. Orders made before then often list particular acts instead. Our page on non-molestation orders explains how an order is obtained and what it says.

A breach is doing anything the order prohibits while it is in force. A text, a call from a withheld number, a message passed through a relative or a visit to the home can each be a breach if the order forbids it. The court looks at what the order actually says, and an order made in other family proceedings ends if those proceedings are withdrawn or dismissed.

Two routes exist. The police and the Crown Prosecution Service can prosecute the breach as a criminal offence. You, as the person the order protects, can bring it back to the family court, which can have the person arrested and punish the breach as contempt of court. The same conduct cannot be punished twice.

The Criminal Offence Under Section 42A

Section 42A of the Family Law Act 1996 says that a person who without reasonable excuse does anything they are prohibited from doing by a non-molestation order is guilty of an offence. GOV.UK puts it simply: the person named in the injunction can be arrested if they break it. In the Crown Court the offence carries up to five years' imprisonment, a fine or both; a magistrates' court can impose a shorter term, a fine or both.

Where the order was made without notice, section 42A(2) says the person can only be guilty in respect of conduct at a time when they were aware of the order. Personal service is how awareness is usually proved, which is why the certificate of service matters as much as the order itself. Our page on applications made without notice covers that route.

Sentence follows the Sentencing Council guideline on breach of a protective order, in force since 1 October 2018, which runs from a fine to four years' imprisonment depending on how serious and persistent the breach was and how much harm it caused. A breach soon after the order was made, a history of disobeying court orders and a domestic abuse context all make it more serious.

Anyone charged with the offence needs a criminal defence solicitor. Our work is on the order itself, the family court side and how the two fit together.

Enforcement in the Family Court

A power of arrest under section 47 now attaches only to an occupation order, but the family court keeps its own powers over a non-molestation order. Under section 47(8), if you consider the other person has failed to comply you may apply for a warrant for their arrest, on form FL407 with a sworn statement; the court issues it only if it has reasonable grounds for believing the order has not been complied with. Once arrested, the person is brought before the court, which can decide whether the facts amounted to disobedience or adjourn.

The other route is a contempt application under Part 37 of the Family Procedure Rules, supported by an affidavit or affirmation. It must set out the date and terms of the order, confirm personal service and a penal notice (the warning the court endorses on every non-molestation order), summarise the facts in date order, and tell the other person their rights, including to be legally represented and to remain silent, and that contempt is only found if the court is satisfied beyond reasonable doubt. Contempt hearings are in public unless the court directs otherwise.

If contempt is proved, the court can commit the person to prison, fine them or impose another punishment permitted by law. The family court exercises the High Court's powers here, so the maximum committal is two years; a committal takes immediate effect unless suspended, and the court can instead adjourn the penalty and restore it if its conditions are not kept.

An undertaking given instead of an order is enforced the same way, by a contempt application: breaking one is not an offence under section 42A and no power of arrest can attach to it.

Evidence and Common Problems

Whichever route is used, the case stands on the sealed order, proof that the other person knew of it, and evidence of what they did. Keep the order and the certificate of service to hand; a copy of the order and the statement of service go to the police station for your address when the order is made, so the police should hold both.

Evidence of the breach is usually in your hands:

• screenshots of messages, emails and social media activity showing date, time and sender
• call logs, including withheld or unknown numbers
• photographs or doorbell and CCTV footage of any visit
• a note of each incident made at the time, with the crime reference number if you reported it
• statements from anyone who saw what happened or passed on a message

Common problems we see:

• the order was never personally served, or the certificate of service cannot be found, so awareness is in doubt
• the conduct sits near an exception, such as a message about the children, and the argument is whether it went further than the exception allows
• the person the order protects replied to or started the contact, which does not lift the order
• the order has expired, or the family proceedings it was made in were withdrawn or dismissed, so no order was in force

How the Process Works

1. Report and record. In danger, call 999. Otherwise report the breach to the police, quoting the order, and write down what happened while it is fresh.
2. Free 15-minute consultation. We review the order, the certificate of service and your evidence and advise which route fits: the prosecution, a warrant of arrest, or a contempt application.
3. Application. We draft form FL407 with your sworn statement, or the Part 37 application with an affidavit, and arrange personal service. There is no fee to apply for a non-molestation order; the GOV.UK court fees page explains when a court fee applies and how to ask for help with fees.
4. Arrest or hearing. On a warrant, the court decides whether the facts amounted to disobedience or adjourns to a hearing normally within 14 days; on a contempt application it gives directions and lists a public hearing.
5. Finding and penalty. The court decides to the criminal standard; if contempt is proved it can commit, suspend a committal, fine, or adjourn the penalty on conditions.
6. Afterwards. We advise on varying or extending the order if its terms or length need to change, and on how the breach bears on arrangements for the children.

When Legal Advice Is Especially Important

You can report a breach to the police and apply to the family court yourself. Advice matters most when:

• the police have recorded the breach but not acted, and you want the family court to deal with it
• the order was made without notice and there is a question over when the other person became aware of it
• the breach involves contact about the children, and the line between permitted and forbidden contact is disputed
• you are accused of a breach and may also be prosecuted, because you have the right to remain silent in contempt proceedings and should take advice before giving evidence in either court
• you are not a British or Irish citizen and there is a prosecution, because a conviction can have immigration consequences; see our page on deportation

We are privately funded and do not offer legal aid; see how we charge for family work. A contempt application must itself tell the person facing it that legal aid, which RakLAW does not provide, may be available without a means test.

How RakLAW Solicitors Can Help

We advise on breaches of non-molestation orders from 42 Shad Thames in Southwark, a short walk from Tower Bridge, with Tower Hill, London Bridge and Bermondsey stations nearby. The firm was founded by solicitor Rakesh Prajapati, and every matter starts with a free 15-minute consultation on 0203 345 2000.

For applicants, we check the order and service, gather the evidence, draft the application, represent you at the hearing and advise on strengthening the order. For respondents, we advise on what the order allows, on varying it, and on the family court case alongside any prosecution. We also advise on domestic abuse and child arrangements and occupation orders. Forced marriage protection orders carry their own breach offence, covered on our forced marriage protection orders page, and domestic abuse protection orders are a different order, covered on our domestic abuse injunctions hub.

To arrange your free consultation, call 0203 345 2000 or book an appointment online.