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Domestic abuse protection orders, restraining orders and non-molestation orders

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

Courts can restrict contact through domestic violence protection orders, domestic abuse protection orders (currently only in pilot areas), restraining orders (Sentencing Act 2020 s.360; Protection from Harassment Act 1997 s.5A) and non-molestation orders (Family Law Act 1996 s.42). Breaching a domestic abuse protection order, restraining order or non-molestation order is a criminal offence with a maximum of 5 years; breaching a domestic violence protection order is not a crime.

Which scheme applies where

Domestic abuse protection orders

Restraining orders

Non-molestation orders

Made by the family court (Family Law Act 1996 s.42). Breach without reasonable excuse is an offence, maximum 5 years (s.42A), or contempt, but not both. For an order made without notice, only conduct after the person knew of it counts.

Bail conditions

No-contact conditions on court bail are common. Breach is not itself an offence but allows arrest (Bail Act 1976 s.7(3)). See Bail at court: the right to bail, exceptions and conditions, Pre-charge bail and release under investigation (RUI) and Harassment, stalking and controlling or coercive behaviour.

In practice

An order stays in force until a court changes it, even if the protected person wants contact. Early advice matters, as the exact wording decides what is a breach.

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Authorities: Crime and Security Act 2010 ss.24, 27, 28, 29; Magistrates' Courts Act 1980 s.63(3); Domestic Abuse Act 2021 ss.22, 23, 26, 28, 31, 32, 35, 38, 39, 41; Domestic Abuse Act 2021 (Commencement No. 6, 8 and 9 and Saving Provisions) (Amendment) Regulations 2026 (SI 2026/342); Sentencing Act 2020 ss.360, 363 (as amended by Victims and Courts Act 2026 s.15); Protection from Harassment Act 1997 s.5A; Family Law Act 1996 ss.42, 42A; Bail Act 1976 s.7(3); Sentencing Council, Breach of a protective order (restraining and non-molestation orders) guideline; Ministry of Justice and Home Office, DAPN and DAPO guidance (gov.uk); Ministry of Justice and Home Office news release, 25 November 2025

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