Under section 42A of the Family Law Act 1996, it is a criminal offence to do anything a non-molestation order forbids without reasonable excuse, once you know about the order. The maximum penalty is five years' imprisonment in the Crown Court. The police can arrest without a warrant.
If the police contact you
- You are entitled to free legal advice at the police station from the duty solicitor or your own solicitor. Always ask for it before interview.
- Don't discuss the allegations with the applicant or anyone else.
- Write down what happened as soon as you can, while it's fresh.
Criminal court or family court?
A breach can be dealt with as a crime (prosecution) or as contempt in the family court (committal), but not both for the same act. Committal proceedings for contempt (including breach of an undertaking) carry the possibility of imprisonment, and legal aid for representation in committal proceedings is generally not means-tested.
"But they contacted me first"
An order binds you, not the applicant. If the applicant messages you, calls you or turns up, you must still not respond in a way the order forbids. If contact needs to happen (for example about children), ask the court to vary the order or use an agreed third party or app only if the order allows it.
Free help
If you've been accused of a breach and also need to deal with the non-molestation case itself, contact us and we'll point you to the right legal help quickly.
Frequently asked questions
Is breaching a non-molestation order a criminal offence?
Yes, under section 42A of the Family Law Act 1996, punishable by up to five years' imprisonment.
What counts as a breach?
Anything the order prohibits, which may include texts, calls, social media messages, messages via friends, or going within a set distance of an address.
Can I be punished twice for the same breach?
No. The same conduct cannot be punished both as a criminal offence and as contempt of court.