Breach of a non-molestation order: what you need to know
A non-molestation order is taken very seriously by the courts and the police. If you are subject to one, it is vital to understand what it says. This page is general information to help you avoid problems and know what to do if one arises.
Why it matters
Breaching a non-molestation order without a reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996. The police can arrest, and a conviction can lead to a prison sentence of up to five years or a fine, depending on the case.
What can count as a breach
- Contact the order forbids, including calls, texts, messages and social media
- Going to places the order says you must not
- Having someone else contact the person on your behalf
- Any behaviour that the order prohibits, such as pestering or harassing
- Contact the other person agrees to. Their agreement does not change the order
Only the court can change an order. The applicant cannot give you permission to ignore it.
If you are arrested
- You have the right to free legal advice at the police station
- Stay calm and do not argue about the allegation
- Ask for the duty solicitor
- Tell Justice Centre if you want us to explain what happens next, though we cannot advise on the criminal case
If you are worried you may have breached it
- Do not contact the applicant to explain
- Write down what happened and when, while it is clear
- Get legal advice urgently from a solicitor
- Do not delete messages or records
Avoiding a breach
Read the order word by word. If something is unclear, ask for clarification from a legal adviser. Plan how you will handle shared children, property and mutual contacts without breaching it. See our page on being served with an FL401.
Common questions
Is breaching a non-molestation order a crime?
Yes. Doing something that an order forbids without a reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996.
What is the maximum penalty?
On conviction on indictment, up to five years in prison. Lesser penalties apply in other cases. A solicitor can explain the range.
Can the applicant allow me to contact them?
No. Their consent does not change the order. Only the court can vary or end it.
What if I breached it by accident?
Do not contact the applicant, keep a note of what happened, and get legal advice urgently.
Take the first step
Tell us a little about your situation and we will explain how we can help. Everything you share is treated in confidence.
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