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Breach of a non-molestation order

s.42AFamily Law Act 1996

Without reasonable excuse, doing anything that a non-molestation order prohibits you from doing.

Breach of a non-molestation order · Family Law Act 1996, s.42ACard 104 / 85

Points to prove

A non-molestation order was in force against the defendant
They did something they were prohibited from doing by the order
Without reasonable excuse
If the order was made without notice (s.45(1)), they were aware of its existence at the time of the conduct

Non-molestation order – s.42(1): an order prohibiting the respondent from molesting a person associated with them, or a relevant child, or both.
Molesting – not defined in the Act. The order may refer to molestation in general, to particular acts, or to both (s.42(6)).
Without notice order – s.45(1): an order made even though the respondent was not given the notice of the proceedings normally required. The respondent can only commit the offence once they are aware the order exists (s.42A(2)).

Reasonable excuse – s.42A(1). The Act does not define it. Whether an excuse is reasonable is a question of fact for the court.

A breach can be dealt with either as this offence or as a contempt of court, but not both (s.42A(3) and (4)).
An order lasts for the period stated in it, or until further order (s.42(7)). An order made in other family proceedings ends if those proceedings are withdrawn or dismissed (s.42(8)).

Legislation: Family Law Act 1996, s.42A (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)