Breach of a Non-Molestation Order (Section 42A Family Law Act 1996)

Breach of a Non-Molestation Order is an offence under s.42A Family Law Act 1996. A person who without reasonable excuse does anything that he is prohibited from doing by a non-molestation order is guilty of an offence (s.42A(1)). Where the order was made without notice under s.45(1), a person can be guilty only in respect of conduct engaged in at a time when he was aware of the existence of the order (s.42A(2)). Conduct for which a person is convicted under the section is not punishable as a contempt of court, and a person cannot be convicted under the section for conduct already punished as a contempt (s.42A(3) and (4)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding five years, or a fine, or both; on summary conviction, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months in the case of an offence triable either way, Sentencing Act 2020, s.224(1A)(b)), or a fine not exceeding the statutory maximum, or both (s.42A(5)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Officers should photograph injuries at the earliest opportunity and again after 24-48 hours (bruising develops). Domestic abuse cases require completion of a DASH risk assessment. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).