What Happens If You Breach a Non-Molestation Order?
Updated: 3 days ago
Last updated: 27 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: What happens if you breach a non-molestation order in the UK? In England and Wales, breaking one without a reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996. The maximum is five years in prison, though many cases end in a fine or community order. The protected person can instead ask the family court to treat it as contempt, but not both.
Key facts about breaching a non-molestation order
Topic | The position in England and Wales |
The offence | Doing anything the order forbids, without a reasonable excuse (Family Law Act 1996, s42A) |
Maximum sentence | 5 years' imprisonment on indictment (s42A(5)) |
Usual sentencing range | From a fine up to 4 years' custody, depending on how serious the breach was and the harm caused (Sentencing Council guideline) |
Emergency orders | You can only be convicted for things you did after you knew the order existed (s42A(2)) |
Other route | The protected person can apply to the family court for committal for contempt instead (not both, s42A(3) and (4)) |
Undertakings | Breaking an undertaking is contempt of court, not a criminal offence |
What is a non-molestation order?
A non-molestation order is a family court injunction made under section 42 of the Family Law Act 1996. It stops a named person (the respondent) from using or threatening violence against, intimidating, harassing or pestering the person who applied, and sometimes a child as well. The order spells out exactly what the respondent mustn't do, for example contacting the applicant or going within a set distance of their home.
A non-molestation order lasts for a fixed period or "until further order" (s42(7)). The order itself will say when it ends, and it can be extended if it's still needed. Read our full guide to non-molestation orders for how they're made and contested.
Is breaching a non-molestation order a criminal offence?
Yes. Since July 2007, breaking a non-molestation order without a reasonable excuse has been a criminal offence under section 42A of the Family Law Act 1996. That's what makes these orders different from many other family court orders.
The order itself isn't a criminal conviction, so having one made against you doesn't give you a criminal record. But if you're convicted of breaching it, that conviction will appear on your record like any other offence.
There are two possible routes after a breach:
A criminal prosecution. The police investigate and the Crown Prosecution Service decides whether to charge. The case goes to the magistrates' court or, for serious breaches, the Crown Court.
Contempt of court. The protected person can instead ask the family court to punish the breach as contempt, under Part 37 of the Family Procedure Rules 2010.
You can't be punished both ways for the same conduct. If you've been convicted of the offence, the breach can't also be punished as contempt, and the other way round (s42A(3) and (4)).
What happens if someone breaches a non-molestation order?
If the protected person reports a breach, the police can arrest the respondent, because breaching the order is a criminal offence. In an emergency, call 999.
If the case goes to court and the respondent is convicted, the judge or magistrates use the Sentencing Council's guideline for breaching a protective order. They look at two things:
Culpability: how serious and deliberate the breach was. A very serious or persistent breach is treated far more harshly than a minor one.
Harm: how much harm or distress the breach caused. Where the breach happens in the context of domestic abuse, the guideline warns the court not to underestimate the harm.
Sentences range from a fine or community order for a minor breach causing little distress, up to several years in custody for a very serious or persistent breach. The maximum is five years. Using child contact arrangements to commit the breach, and the impact on children, can make the sentence heavier.
What counts as a reasonable excuse?
The law doesn't list what counts as a reasonable excuse, so the court looks at the facts of each case. An excuse has to be genuine and reasonable in the circumstances. Thinking the order was unfair, or that the protected person "didn't mind", is very unlikely to be enough.
If you're unsure whether something would breach the order, don't do it. Ask the court to vary the order first on form FL403.
What do the courts do in serious cases?
Where a breach involves violence or is repeated despite warnings, the courts treat it very seriously. In the Sentencing Council guideline's top category, a very serious or persistent breach causing very serious harm or distress, the starting point is two years' custody, within a range of one to four years. If the respondent has also committed another offence, such as an assault, they can be sentenced for that too.
The message from the courts is consistent: a non-molestation order is there to protect people, and ignoring it has real consequences.
What are my options when I have been served with a non-molestation order?
First, keep to every term of the order, even if you think the allegations against you are untrue. Disagreeing with the order is not a reasonable excuse for breaking it.
If you want to challenge it, you have two main options:
Contest the order. If the order was made without notice, there'll be a return hearing where you can file a statement in response and put your side. You can also apply on form FL403 to vary or discharge the order.
Offer an undertaking. An undertaking is a formal promise to the court to do, or not do, certain things. It isn't an admission that the allegations are true. But the court won't accept an undertaking where you've used or threatened violence and an order is needed so that any breach can be punished as a crime (s46(3A)). Breaking an undertaking is contempt of court.
Read more in our guide to what to do when you've been served with a non-molestation application, and see our client reviews for cases where we've helped respondents.
Can a non-molestation order be enforced if it hasn't been served on me properly?
For an emergency order made without notice, you can only be convicted of breaching it for things you did after you knew the order existed (s42A(2)). That's why the order needs to be served, so there's proof you knew about it.
But don't treat this as a loophole. If you've been told about an order, for example by the police or by text, you're aware of it, and a court could find you guilty of breaching it. The safest thing is to follow any order you know about and get the paperwork from the court.
How is a non-molestation order served?
A non-molestation order is normally served personally, which means a copy is handed to the respondent. The person who applied for the order shouldn't hand it over themselves. It's usually served by a process server, or the applicant can ask the court for the court bailiff to serve it. Once it's served, a statement of service is filed with the court as proof.
The applicant should also give a copy of the order to their local police station, so the police know it exists if a breach is reported.
Can a non-molestation order affect child arrangements?
Yes, it can. A non-molestation order can protect a child as well as the applicant, and its terms may limit contact with the other parent or how handovers happen. Arrangements for a child to see a parent are usually decided separately, under section 8 of the Children Act 1989, through a child arrangements order.
If a non-molestation order is stopping you seeing your child, don't try to arrange contact yourself if that would break the order. Apply to the court instead. Our article on whether a non-molestation order can stop contact with your children explains the options.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court. We help people on both sides of non-molestation cases with the paperwork and preparation, for example:
preparing FL403 applications to vary, extend or discharge an order
drafting statements in response for respondents
preparing FL401 applications and witness statements for applicants
applications for child arrangements orders where children are involved
organising evidence and preparing court bundles
If you've been accused of breaching an order and the police are involved, you should get advice from a criminal defence solicitor straight away. You're entitled to free legal advice at the police station.
You can read what our clients say in our Google reviews. To talk to us, email help@incourt.co.uk or use the contact form and one of the team will get back to you.
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Frequently asked questions
What happens if someone breaks a non-molestation order?
If someone breaks a non-molestation order, the protected person can call the police, and the person who broke it can be arrested, because breaching the order without a reasonable excuse is a criminal offence (Family Law Act 1996, s42A). The Crown Prosecution Service decides whether to charge. On conviction, the court follows the Sentencing Council guideline, which runs from a fine up to four years' custody, and the legal maximum is five years. Alternatively, the protected person can ask the family court to deal with it as contempt of court, but not both.
Will breaching a non-molestation order give me a criminal record?
If you're convicted of the offence under section 42A, yes. The order itself doesn't give you a criminal record. Breaking it does, if you're prosecuted and convicted.
What's the maximum sentence for breaching a non-molestation order?
Five years' imprisonment, if the case is dealt with in the Crown Court. Most cases receive less. The Sentencing Council guideline ranges from a fine up to four years' custody.
Can the protected person agree to me breaking the order?
No. Only the court can change or end the order. Even if the protected person contacts you or invites you round, you could still be breaching it. If things have changed, apply on form FL403 to vary or discharge the order.
Can I be punished twice for the same breach?
No. A breach can be dealt with either as a criminal offence or as contempt of court in the family court, but not both (s42A(3) and (4)).
What happens if I break an undertaking?
Breaking an undertaking isn't a criminal offence, but it is contempt of court. The family court can punish contempt with a fine or imprisonment.
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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