Breach of a Non-Molestation Order: What Are the Consequences?

What Counts as Breaching a Non-Molestation Order?

Understanding the order itself

A non-molestation order is a civil injunction made by the family court under the Family Law Act 1996. It can prohibit various forms of behaviour, including threats, harassment, intimidation, violence and unwanted contact.

The precise terms differ from case to case: some non-molestation orders prohibit all contact, while others specify particular types of conduct, locations or communication methods.

The starting point for any breach allegation is the exact wording of the order that was served on you. It is not possible to assess whether an alleged breach has occurred without reading those terms carefully.

Non-molestation orders are distinct from restraining orders, which are criminal court orders typically made following a conviction or acquittal. Breach of either order is a criminal offence, but they arise from different proceedings and courts.

Types of conduct that can amount to a breach

A non-molestation order may prohibit more forms of contact than people realise. Direct contact can include phone calls, text messages, emails or letters sent to the protected person.

Indirect contact may involve asking a friend, family member or another person to pass on a message. Social media contact includes sending direct messages, commenting on posts or creating new accounts to get around blocks already in place.

If the order restricts attendance at certain locations, going to the protected person’s home, workplace or another prohibited place may also be a breach. Threats, intimidation and attempts to use child contact arrangements to communicate outside the permitted arrangements may also be covered. What matters is whether the conduct falls within the restrictions imposed by the court.

No actual harm is required

A breach of a non-molestation order does not require any actual harm to have occurred. Making contact in a way the order prohibits is sufficient to constitute the offence. A single text message or a brief social media interaction can trigger arrest and prosecution.

However, the prosecution must still establish the legal requirements of the offence, including whether there was a reasonable excuse.

What the prosecution must prove

To secure a conviction, the prosecution must establish that a valid non-molestation order was in force and that the defendant did something prohibited by its terms without reasonable excuse. The court will examine the order, the alleged conduct and any evidence concerning the defendant’s knowledge of the restrictions.

For example, where the allegation concerns a text message, the court may consider whether the message was sent by the defendant and whether the order prohibited that form of contact. The circumstances surrounding the alleged breach are also relevant.

The knowledge requirement

Knowledge of the order can be important in determining whether a criminal offence occurred. For orders made without notice to the respondent, criminal liability for a breach requires that the person was aware of the order’s existence when the conduct took place.

An order must be formally served on the respondent before it becomes enforceable against them. Once served, however, ignorance of specific terms within the order is not a defence. A solicitor can examine how the order was communicated and whether the evidence supports the allegation.

What to Do If You Are Accused of Breaching a Non-Molestation Order

Do not contact the protected person

Avoid contacting the protected person if the order prohibits communication, even if you believe the allegation is a misunderstanding. Trying to explain what happened or apologise may create a further breach allegation.

A message of apology will be treated as evidence of a second, deliberate breach regardless of the intention behind it. Do not ask anyone else to make contact on your behalf either.

If communication is necessary about children or another practical matter, ask a solicitor about the arrangements permitted by the order.

Find your copy of the non-molestation order and check its exact terms. If you no longer have it, a solicitor can help obtain a copy from the court. Pay particular attention to restrictions on communication, visits to particular locations and contact through third parties.

Understanding the wording is essential before responding to an allegation.

Preserve evidence

Gather and secure anything that may be relevant to the circumstances of the alleged breach. This can include call logs, message histories, screenshots, doorbell or CCTV footage, receipts, location data or GPS records, and the contact details of any witnesses.

Keep this material safe and do not alter, overwrite or delete anything. Evidence gathered now may be critical to your defence later.

Cooperate with police carefully

Police can arrest someone suspected of breaching a non-molestation order without first obtaining a warrant where the statutory arrest conditions are satisfied. If officers contact you about an allegation, ask for legal advice before responding to detailed questions.

A police interview may cover your understanding of the order, the alleged conduct and any contact with the protected person. Your solicitor can explain the process and advise on how to respond.

Seek legal advice immediately

Contact a criminal defence solicitor with experience in domestic offences at the earliest opportunity, ideally before speaking to police. Early advice shapes every subsequent stage of the process.

A solicitor can attend a police interview with you and help you avoid saying anything that inadvertently damages your position.

What Are the Possible Consequences of Breaching a Non-Molestation Order?

Criminal prosecution

Breaching a non-molestation order without a reasonable excuse is a criminal offence under the Family Law Act 1996. The offence is triable either way, meaning it can be heard in the Magistrates’ Court or the Crown Court depending on the seriousness of the conduct alleged. A criminal record follows conviction in either court.

However, an allegation or arrest does not automatically mean that criminal charges will follow. The police and prosecutors must consider the available evidence before deciding how the matter should proceed.

Maximum sentences

The maximum sentence for breaching a non-molestation order on indictment in the Crown Court is five years’ custody. In the Magistrates’ Court, the maximum is 12 months’ custody. The offence range under the Sentencing Council guideline runs from a financial penalty at the lowest end to four years’ custody at the upper end.

The maximum is not the typical outcome. Most first-time breaches involving no violence or serious distress attract a significantly lower sentence. The maximum is reserved for the most serious and persistent conduct.

A first breach involving no violence may receive a lower sentence than repeated or threatening conduct.

How courts assess sentencing

Courts consider both culpability and harm when sentencing for breach of a non-molestation order.

• Culpability – Concerns the person’s responsibility for the breach, including their intention and motivation. Culpability A covers very serious conduct or persistent breaching. Culpability B covers deliberate breaches that fall between categories A and C. Culpability C applies to minor breaches or situations that fall just short of establishing a reasonable excuse.
• Harm – Considers the impact on the protected person. Category 1 applies where the breach causes very serious harm or distress. Category 2 covers intermediate cases. Category 3 applies where there is little or no harm or distress, although courts are specifically directed not to underestimate the harm that may be present where conduct occurs against a background of domestic abuse.

Contempt of court as an alternative route

A breach of a non-molestation order may also be dealt with through contempt of court proceedings. In practice, criminal proceedings usually take precedence. Where criminal proceedings are not pursued, or where civil and criminal matters run alongside each other, the family court retains the power to deal with the breach as contempt.

The maximum penalty for contempt of court is two years’ imprisonment and an unlimited fine. Both routes are not usually pursued simultaneously, and it is important to understand early which route is engaged.

A solicitor can explain which enforcement process applies and what it means for your case.

Other consequences

An allegation may have consequences beyond a possible sentence. Depending on the circumstances, a person may be remanded in custody or released on bail with restrictions on contact, residence or travel.

A breach allegation can affect related family court proceedings, including any child arrangements orders in place. A criminal conviction carries employment and professional consequences that will vary depending on your occupation.

What If the Protected Person Contacts You?

A non-molestation order binds the person against whom it was made, not the protected person. If the protected person contacts you, that does not automatically permit you to respond. For example, receiving a message asking to meet does not change an order that prohibits direct contact.

The protected person cannot privately suspend or alter the order by agreeing to communicate. Only the court can formally vary or discharge it. If you receive a call, message or other contact, keep a record of the date, time and circumstances.

Where the order prohibits responding, do not reply. Speak to a solicitor about the situation and whether any formal change to the order is needed. This remains important even if the contact concerns reconciliation, children or another personal matter.

Accidental Contact, Reasonable Excuse and Relevant Evidence

Reasonable excuse as a defence

The offence of breaching a non-molestation order requires that the breach was committed without reasonable excuse. If a reasonable excuse can be established, no offence is committed. What amounts to a reasonable excuse is fact-specific and assessed by the court on the evidence of the particular case.

The court must consider the evidence and the terms of the order.

Accidental or chance contact

An unexpected encounter in a public place may be relevant to the circumstances of an alleged breach of a non-molestation order. 

For example, you may unexpectedly see the protected person while shopping or travelling. What you do after recognising them may be important. Leaving promptly without attempting to speak may support your explanation that the encounter was accidental.

By contrast, remaining nearby or initiating a conversation could raise further questions if the order prohibits that conduct. Evidence of the circumstances and your response may help establish what actually happened.

Evidence that may support a defence

Depending on the allegation, relevant evidence can include:

• Messages and call records showing contact initiated by the protected person.
• Location records or receipts showing where you were at the relevant time.
• CCTV or doorbell footage showing the circumstances of an encounter.
• Witness accounts supporting your explanation of what happened.
• Communications or other records showing that an encounter was unexpected.

For example, CCTV may help establish that you left an area promptly after unexpectedly seeing the protected person. However, none of these records automatically establishes a defence. Their importance depends on what they show and how the order applies to the alleged conduct.

What will not help

The absence of a complaint from the protected person does not prevent the police or Crown Prosecution Service from pursuing a prosecution. If you are uncertain whether an order remains in force or permits particular contact, obtain legal advice before acting.

How a Domestic Offences Solicitor Can Help You

A solicitor with experience in domestic offences and non-molestation order breaches can advise you on the exact terms of the order and what the specific allegation involves.

They can attend a police interview under caution with you, ensuring you understand your rights and are not placed in a position where an unguided answer becomes damaging evidence.

If police request an interview, your solicitor can advise on the allegation and how to respond to questions. Where charges are brought, they can examine whether the prosecution can prove the offence and whether a reasonable excuse defence is available.

A solicitor can also represent you in court and present relevant evidence on your behalf. Where related family proceedings are ongoing, they can advise on how the criminal allegation may affect child arrangements or other court orders.

Early legal advice can help you avoid further alleged breaches, preserve relevant records and understand the options available.

Speak to a Domestic Offences Solicitor

If you have been accused of breaching a non-molestation order, or are concerned that your conduct may amount to a breach, obtaining legal advice can help you understand your position.

A solicitor can review the wording of the order, explain the allegation and advise on the available defence options.

Our Domestic Offences solicitor can also assist where a criminal investigation overlaps with family court proceedings.

Speak to our team for advice about your circumstances and the next steps.