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ORDER TERMS • CONTACT • BREACH • REASONABLE EXCUSE

Breach of Restraining Order Defence

A breach case starts with the exact wording of the restraining order. The prosecution must prove conduct prohibited by the order. Messages, indirect contact, location evidence and whether there was a reasonable excuse can all be central.

KEY ANSWER

The position in brief

A restraining order is enforceable according to its actual terms. An allegation of breach should therefore be tested against the wording of the order, the conduct alleged and the evidence of contact or presence.

Breach may be prosecuted alongside a new substantive offence such as harassment, stalking or assault where the same conduct also establishes that offence.

Legal issues

Key issues include the scope of the order, whether the defendant knew of it, whether the conduct fell within a prohibited term and whether a statutory reasonable excuse applies.

Evidence that matters

Evidence can include the sealed order, service/knowledge evidence, messages, call logs, CCTV, location data, third-party communications and witness accounts.

Reasonable lines of enquiry

Enquiries may include obtaining the exact order/version, proving who initiated contact, full communication threads, location/CCTV material and evidence supporting reasonable excuse.

What happens next

Police may arrest for alleged breach. CPS guidance requires prosecutors to consider both the breach and any new substantive offence disclosed by the same conduct.

Immediate steps

Obtain the order and stop any conduct that may breach it. Preserve complete communications. Do not assume consent from the protected person overrides the court order.

What should you send us?

Send the restraining order, allegation/charge, messages/calls, police papers, chronology and next date.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can analyse the wording of the order, review contact/location evidence, assess reasonable excuse, advise at interview and conduct breach proceedings.

Primary legal sources

NEXT STEP

Discuss an alleged restraining-order breach

Send the exact order and alleged contact so the terms and evidence can be reviewed urgently.

Discuss an alleged restraining-order breach

FREQUENTLY ASKED QUESTIONS

Questions about this issue

Can the protected person give permission to ignore the restraining order?

No. The order is made by the court and remains binding unless varied or discharged.

Can indirect contact be a breach?

Potentially, depending on the wording of the order and the evidence of the defendant’s conduct.

Can I be charged with both breach and another offence?

Yes. CPS guidance confirms that breach and a new substantive offence may both be charged where the evidence supports each.