Breaches of Protective Orders

Protective orders are designed to keep individuals safe by setting clear conditions on what the person subject to the order may or may not do. If that person acts in a way that violates these conditions, they are said to have breached the order.


If you believe an order has been breached, you may be able to contact the Police. It is always advisable to keep a copy of the protective order with you so that you can explain its terms if required.



What happens next depends on the type of order in place and how it was drafted. Some breaches are dealt with directly by the Police, while others must be addressed by the courts.

Breaches Managed Through Civil Courts (Contempt of Court)

Most civil protective orders – such as Occupation Orders or Domestic Violence Protection Orders, are enforced through contempt of court proceedings. Breaching a civil order can lead to serious consequences, including:


  • A formal warning
  • A fine
  • Imprisonment (usually for a short period)




The Police may only make an arrest if the order specifically contains a Power of Arrest, or if the court has already been notified of the breach and has instructed the Police to act.



  • If the order has Power of Arrest attached, you can report the breach directly to the Police. They should then arrest the perpetrator and bring them before a Magistrates’ Court within 24 hours.
  • If the order does not have Power of Arrest, you will need to return to court to ask a judge to decide how the breach should be handled.

Breaches That Are Criminal Offences

Some protective orders - for example, Non-Molestation Orders, Stalking Protection Orders, Female Genital Mutilation Protection Orders, and Forced Marriage Protection Orders – carry criminal penalties.


In these cases, a breach itself is a crime. The Police can arrest immediately and investigate the breach as a criminal offence. Because the case must be proven beyond reasonable doubt (the criminal standard of proof), the Police will gather evidence and present it to the Crown Prosecution Service (CPS).



If prosecuted in a criminal court, a breach can carry penalties of up to five years’ imprisonment if heard before a jury. In most cases, however, breaches are dealt with by the Magistrates’ Court.


Dual Enforcement

Certain breaches may, in theory, be enforced either through civil contempt proceedings or as criminal offences. In practice, once a breach has been designated a criminal matter, it is rare for the civil courts to be used. It is possible to apply to a civil court to pursue contempt of court, but this may involve legal costs.