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Domestic abuse protection orders, restraining orders and non-molestation orders
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 Violence Protection Notices and Orders (Crime and Security Act 2010 ss.24-33) are the long-standing police scheme. A superintendent can give a DVPN to someone aged 18 or over believed to have used or threatened violence against an associated person. Magistrates must hear the DVPO application within 48 hours, and a DVPO lasts 14 to 28 days.
- Breach of a DVPO is not a crime, but allows arrest and a fine of up to £5,000 or 2 months' committal (Magistrates' Courts Act 1980 s.63(3)).
- Domestic Abuse Protection Notices and Orders (Domestic Abuse Act 2021 Part 3) currently operate only in pilot areas: Greater Manchester, Croydon, Bromley and Sutton in London, Cleveland and North Wales, and the British Transport Police can apply. The pilot ends on 24 November 2026; the Ministry of Justice has announced national rollout from 25 November 2026.
Domestic abuse protection orders
- An inspector or above can give a DAPN to someone aged 18 or over. It can ban contact or require the person to leave a shared home. Police must then apply for a DAPO, heard by magistrates within 48 hours.
- A court may make a DAPO against someone aged 18 or over if satisfied, on the balance of probabilities, that they have been abusive towards someone aged 16 or over to whom they are personally connected, and the order is necessary and proportionate (s.32). Criminal courts can make one on conviction or acquittal (s.31).
- A DAPO can last for a set period or until further order (s.38) and can include any necessary requirements, such as electronic monitoring for up to 12 months (ss.35, 38). The person must give the police their name and address within 3 days (s.41).
- Breach without reasonable excuse is a criminal offence, triable either way, maximum 5 years (s.39).
Restraining orders
- On conviction for any offence, to protect the victim or another person from harassment or conduct causing fear of violence (Sentencing Act 2020 s.360).
- On acquittal, where necessary to protect a person from harassment (Protection from Harassment Act 1997 s.5A).
- Breach without reasonable excuse is either way, maximum 5 years (s.363; s.5A(2E)). The Sentencing Council guideline range is a fine to 4 years' custody.
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.
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