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Family Law Act 1996
1996 CHAPTER 27
PART IV
FAMILY HOMES AND DOMESTIC VIOLENCE
Non-molestation orders
[F142A Offence of breaching non-molestation order
(1) A person who without reasonable excuse does anything that he is prohibited from
doing by a non-molestation order is guilty of an offence.
(2) In the case of a non-molestation order made by virtue of section 45(1), a person can
be guilty of an offence under this section only in respect of conduct engaged in at a
time when he was aware of the existence of the order.
(3) Where a person is convicted of an offence under this section in respect of any conduct,
that conduct is not punishable as a contempt of court.
(4) A person cannot be convicted of an offence under this section in respect of any conduct
which has been punished as a contempt of court.
(5) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding five
years, or a fine, or both;
(b) on summary conviction, to imprisonment for a term not exceeding 12 months,
or a fine not exceeding the statutory maximum, or both.
(6) A reference in any enactment to proceedings under this Part, or to an order under this
Part, does not include a reference to proceedings for an offence under this section or
to an order made in such proceedings.
“Enactment” includes an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978 (c. 30).]
