Breach of a restraining order

s.363Sentencing Act 2020

Without reasonable excuse, doing anything that a restraining order prohibits you from doing.

Breach of a restraining order · Sentencing Act 2020, s.363Card 171 / 195

Points to prove

Restraining order on conviction – s.360: a court dealing with an offender for any offence may, in addition to sentencing, make an order to protect the victim or anyone else named in it from conduct that amounts to harassment or will cause a fear of violence.
Duration – s.359(2): the order lasts for a period stated in it or until further order.
Restraining order on acquittal – s.5A Protection from Harassment Act 1997: a court that acquits a defendant may make an order if it considers it necessary to protect a person from harassment by them.
Reasonable excuse – not defined. Whether an excuse is reasonable is a question of fact for the court.

Recent change: for convictions on or after 29 June 2026, the summary maximum is the general limit in a magistrates’ court (12 months). It was 6 months before then (Victims and Courts Act 2026, s.15).
Breaching an order made on acquittal is a separate offence under s.5A(2D) of the 1997 Act. It is either way, with a maximum of 5 years on indictment but still 6 months summarily (s.5A(2E)).
A court dealing with a breach may vary or discharge the order (s.363(6)). The defendant, the prosecution or anyone named in the order can also apply to vary or discharge it (s.361).

Legislation: Sentencing Act 2020, s.363 (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

What are the points to prove for breach of a restraining order?

1. The defendant was subject to a restraining order 2. They did something that the order prohibited 3. Without reasonable excuse

What is the maximum sentence for breach of a restraining order?

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

Is breach of a restraining order a summary, either-way or indictable offence?

Breach of a restraining 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 restraining order?

Breach of a restraining order is an offence under the Sentencing Act 2020, s.363.