Section 39: Breach of order

Domestic Abuse Act 2021 · 2021 c. 17View on legislation.gov.uk

Part 3: Powers for dealing with domestic abuse

A person who is subject to a domestic abuse protection order commits an offence if without reasonable excuse the person fails to comply with any requirement imposed by the order.

Where a person is convicted of an offence under this section in respect of any behaviour, that behaviour is not punishable as a contempt of court.

A person may not be convicted of an offence under this section in respect of any behaviour which has been punished as a contempt of court.

A person guilty of an offence under this section is liable—

on summary conviction—
to imprisonment for a term not exceeding the general limit in a magistrates’ court (or 6 months, if the offence was committed before 2 May 2022), or
to a fine,

or both;

on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.

If a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order under section 80 of the Sentencing Code (conditional discharge).

In proceedings for an offence under this section, a copy of the original domestic abuse protection order, certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.