Enforcement of non-molestation orders — what to do when the order is breached

REVIEWED BY: Sean McNamara on 2026-08-29

A non-molestation order is not just paper

If your abuser breaches the order, it is a criminal offence under s.42A Family Law Act 1996 — carrying up to 5 years' imprisonment. You don't need to prove it again in the family court separately; the criminal route follows the police report.

What counts as breach

Contacting you by phone, text, email, social media or through third parties
Approaching you or your home/work/children's school
Threats, harassment, intimidation
Being within an exclusion zone specified in the order
Indirect breaches (e.g. sending messages via a friend or family member)

What to do on breach

1. Call 999 if there is a power of arrest attached to the order or you are in danger 2. Call 101 for non-emergency breach — ask for the order to be enforced 3. Report every breach to the police — each one is a separate offence 4. Keep evidence — screenshots with timestamps, voicemails, witness details 5. Tell the court — the family court can also treat breach as contempt (see our penal notices deep-dive)

What the police will do

If there's a power of arrest on the order: they must arrest
If there's no power of arrest: they can still arrest for the criminal offence under s.42A
They will take a statement and decide whether to charge
A charge leads to a criminal prosecution (in the criminal courts, separate from family)

If the police don't act

Ask for the crime reference number every time you report
Ask to speak to the domestic abuse officer at your local station
If they still don't act, complain to the force's professional standards department
You can also apply to the family court for committal (contempt) — see our penal notices deep-dive guide

Safety planning alongside enforcement

Use a safe device for all communication
Tell your employer, school and neighbours about the order
Have an emergency bag ready (documents, keys, medication)
Refuge 0808 2000 247 can help with safety planning (see our DA pages)

Official links

Breach of injunction: https://www.gov.uk/injunction-domestic-violence
Police: 999 (emergency) / 101 (non-emergency)

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.