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Breach of a domestic abuse protection order

s.39Domestic Abuse Act 2021

Without reasonable excuse, failing to comply with any requirement imposed by a domestic abuse protection order.

Breach of a domestic abuse protection order · Domestic Abuse Act 2021, s.39Card 172 / 195

Points to prove

The defendant was subject to a domestic abuse protection order
They failed to comply with a requirement imposed by the order
Without reasonable excuse
If the order was made without notice to them, they were aware of the order at the time of the conduct (s.39(2))

Key definitions

Domestic abuse protection order (DAPO) – s.27: an order that prohibits a person (P), or requires them to do things, to prevent them being abusive towards a person aged 16 or over to whom they are personally connected. P must be 18 or over (s.32(5)).
Requirement – s.35: includes any prohibition or restriction, such as no contact, keeping away from the victim’s home or leaving a shared home. A DAPO can also impose positive requirements and electronic monitoring.
Without notice – an order made without P being told of the proceedings. P only commits the offence for behaviour after they became aware of the order (s.39(2)).
Reasonable excuse – not defined. It is a question of fact for the court.

Defences

Reasonable excuse – s.39(1).

Good to know

Commencement: s.39 has been in force across England and Wales since 27 November 2024, but DAPOs can only be made in pilot areas: Greater Manchester and the London boroughs of Bromley, Croydon and Sutton (from 27 November 2024), Cleveland (from March 2025) and North Wales (from 28 April 2025). The commencement regulations run the pilots to 24 November 2026, and a wider rollout is planned, so check current force policy.
A breach can be dealt with as this offence or as contempt of court, but not both (s.39(3) and (4)).
A conditional discharge is not available on conviction (s.39(6)).
DAPOs and domestic abuse protection notices will replace domestic violence protection notices and orders.

Legislation: Domestic Abuse Act 2021, s.39 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Breach of a domestic abuse protection order: questions people ask

What are the points to prove for breach of a domestic abuse protection order?

1. The defendant was subject to a domestic abuse protection order 2. They failed to comply with a requirement imposed by the order 3. Without reasonable excuse 4. If the order was made without notice to them, they were aware of the order at the time of the conduct (s.39(2))

What is the maximum sentence for breach of a domestic abuse protection order?

5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is breach of a domestic abuse protection order a summary, either-way or indictable offence?

Breach of a domestic abuse protection order is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is breach of a domestic abuse protection order?

Breach of a domestic abuse protection order is an offence under the Domestic Abuse Act 2021, s.39.

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