Breach of a non-molestation order
Family Law Act 1996 s.42A
Maximum sentence: 5 years’ custody · guideline effective from 01 October 2018
Independent editorial summary — not an official statement of the court, tribunal, or regulator.
This is a reference summary — not a definitive sentence
Sentencing is highly fact-specific. The judge follows a structured process: (1) determine offence category (harm × culpability); (2) identify starting point and range; (3) apply aggravating/mitigating factors; (4) consider guilty-plea reduction; (5) consider totality and ancillary orders. Only the authoritative Sentencing Council guideline gives the full grid for this offence.
The structured 5-step process
- Offence category. Determine harm and culpability (usually 1-3 each) — this gives a 3×3 grid.
- Starting point and range. The guideline specifies a starting-point sentence for each cell of the grid plus a range above and below.
- Adjust for factors. Apply statutory and offence-specific aggravators (e.g. previous convictions, on bail, hate motivation) and mitigators (e.g. first offence, age, sole carer status).
- Guilty-plea reduction. Up to one-third reduction for plea at first reasonable opportunity (sliding scale down to 10% if pleaded at trial).
- Totality, ancillaries, reasons. Consider concurrent/consecutive sentences, ancillary orders (compensation, restraining, driving disqualification, victim surcharge), and give reasons.
Factors increasing seriousness
Verbatim from the Sentencing Council guideline (non-exhaustive list).
- Previous convictions
- Offence committed whilst on bail
- Breach committed shortly after order made
- History of disobedience to court orders (where not already taken into account as a previous conviction)
- Breach involves a further offence (where not separately prosecuted)
- Using contact arrangements with a child/children to instigate offence and/or proven history of violence or threats by offender
- Offence committed in a domestic abuse context
- Breach results in victim or protected person being forced to leave their home
- Impact upon children or family members
- Victim or protected subject of order breached is particularly vulnerable
- Offender takes steps to prevent victim or subject harmed by breach from reporting an incident or seeking assistance
- Offence committed on licence or while subject to post sentence supervision
Factors reducing seriousness or reflecting personal mitigation
Verbatim from the Sentencing Council guideline (non-exhaustive list).
- Breach committed after long period of compliance
- Prompt voluntary surrender/admission of breach or failure
- Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
- Mental disorder or learning disability where linked to the commission of the offence
- Sole or primary carer for dependent relatives
- Pregnancy, childbirth and post-natal care
- Difficult and/or deprived background or personal circumstances
- Prospects of or in work, training or education
Last ingested: 2026-08-24 from sentencing-council.
The statute behind this offence
- Family Law Act 1996 — our full guide