Breach of restraining order / non-molestation order

Harassment, stalking and protective orders — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Harassment, stalking and protective orders

Breach of restraining order / non-molestation order

Protection from Harassment Act 1997, s.5A; Family Law Act 1996, s.42A (non-molestation); Sentencing Code, s.363 (restraining orders on conviction)

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable: Either way
Maximum penalty: 5 years' custody

Actus reus

Do anything prohibited by a restraining order or non-molestation order without reasonable excuse (exact elements follow the governing statute and order terms).

Mens rea

Knowledge of the order (or circumstances putting the defendant on notice) and intentional conduct amounting to breach — check the charged provision.

Defences

Reasonable excuse · No knowledge of the order · Conduct outside the order's terms · Order not in force / wrongly served

Sentencing Council

Sentencing Council guideline effective 1 October 2018. Offence range: fine to 4 years' custody (note lower magistrates' maxima for some restraining-order breaches).

View definitive guideline ↗

At the police station

Obtain the order wording. Accidental contact, third-party messages, and "victim initiated contact" are frequent instruction themes — still usually a breach if prohibited.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.