Violating a Restraining Order in the UK: Legal Consequences and Penalties

Restraining orders are a crucial legal tool designed to protect individuals from harassment, domestic abuse, stalking, or other forms of intimidation. Issued by a court under the Protection from Harassment Act 1997, these orders prohibit the offender from contacting or approaching the victim in any way. However, violating a restraining order in the UK is a serious criminal offence with significant legal consequences. This article explores the penalties for breaching a restraining order, the legal process involved, and potential defences available to those accused of a violation.

What Constitutes a Breach of a Restraining Order?

A restraining order is legally binding, meaning any violations no matter how minorcan lead to criminal charges. A breach occurs when an individual:

Contacts the protected person (via phone, text, email, social media, or in person)

Approaches or visits a prohibited location, such as the victims home or workplace

Engages in indirect contact, such as sending messages through a third party

Fails to adhere to any other specific conditions set by the court

Even if the protected person initiates contact, the subject of the order must still comply with the restrictions. In other words, agreeing to meet or responding to messages does not exempt the individual from prosecution.

Legal Consequences of Violating a Restraining Order

Criminal Offence Under the Protection from Harassment Act 1997

Under Section 5(5) of the Protection from Harassment Act 1997, breaching a restraining order is a criminal offence. It is classified as a either way offence, meaning it can be tried in either the Magistrates Court or the Crown Court, depending on the severity of the breach.

Penalties for Violating a Restraining Order

The punishment for violating a restraining order varies based on the circumstances of the breach and the offenders criminal history. The penalties include:

Fines, Minor breaches may result in a financial penalty. The amount depends on the severity of the offence and the offenders financial situation.

Community Orders: “ The court may impose a community sentence requiring unpaid work, participation in rehabilitation programmes, or restrictions such as electronic tagging.

 Imprisonment

Magistrates Court: Up to six months in prison for a summary offence.

Crown Court: Up to five years in prison for a more serious breach.

Repeat offences or breaches involving violence, threats, or intimidation are more likely to result in harsher penalties, including longer prison sentences.

Additional Legal Consequences

In addition to criminal penalties, a breach of a restraining order can have other significant consequences, including:

A Criminal Record “ A conviction results in a criminal record, which can impact employment opportunities, travel, and housing.

Extended or New Restraining Orders Courts may extend existing restraining orders or impose stricter conditions to prevent further breaches.

Loss of Parental Rights “ In cases involving family law, violating a restraining order may affect child custody and visitation rights.

Legal Process After a Breach

Arrest and Investigation

If a breach is reported, the police will investigate the allegation. If sufficient evidence exists, the individual will be arrested and may be held in custody or released on bail with conditions. The police may gather evidence such as:

CCTV footage

Witness statements

Phone records or digital messages

Social media activity

Court Proceedings

If charged, the accused must attend court, where the prosecution must prove:

1. A valid restraining order was in place.

2. The defendant knowingly breached the order.

3. The breach was intentional and without a reasonable excuse.

If found guilty, the court will determine the appropriate penalty based on factors such as the nature of the breach, prior convictions, and whether harm was caused to the victim.

Defences Against a Breach of a Restraining Order

While breaching a restraining order is a serious offence, there are legal defences available, including:

Lack of Intent “ If the contact was accidental or unintentional, the defendant may argue they did not knowingly breach the order.

No Knowledge of the Order “ If the individual was unaware that a restraining order had been issued against them (e.g., due to improper service of court documents), they may have a valid defence.

Reasonable Excuse “ If the defendant had a legitimate reason for the breach, such as an emergency or an unavoidable situation (e.g., accidentally encountering the protected person in a public place), the court may take this into account.

Consent of the Protected Person “ While the protected personas willingness to engage in contact does not legally invalidate the restraining order, it may be considered in sentencing.

Violating a restraining order in the UK carries severe legal consequences, including fines, imprisonment, and a lasting criminal record. The law takes breaches seriously to ensure the safety of victims and prevent further harassment or harm. Individuals subject to a restraining order must comply with its terms, even if the protected person initiates contact.

For those accused of breaching a restraining order, seeking legal advice is crucial to understanding their rights and possible defences. The courts assess each case individually, taking into account intent, circumstances, and any mitigating factors. Ultimately, the best approach is to strictly adhere to the terms of a restraining order to avoid legal repercussions.