This post explains that police do not automatically have the power to arrest someone for breaching a civil court order, such as a non-molestation order, occupation order, or injunction, unless a specific power of arrest is attached or a court authorises it. While breaches may amount to contempt of court, this typically requires court approval before any arrest, and police must instead rely on criminal offences—such as harassment—if they wish to use their summary arrest powers under Section 24 of PACE, which requires reasonable suspicion and necessity. Through real case examples, including wrongful arrests of clients Elaine and Josie, the post highlights how misunderstandings of these legal principles can lead to unlawful detention, but also how such errors can result in successful claims for compensation where police act outside their powers.
Content Authenticity Statement
100% of this week’s blog post was generated by me, the human.
Can Police Lawfully Arrest for Breach of a Civil Court Order?
One of the questions I am often asked to answer, as an expert in claims against the Police, is whether it is lawful for the Police to arrest a person for an alleged breach of a Civil Court Order – such as a Non-Molestation or Occupation Order, issued by the Family Court, or an injunction issued by the High Court or County Court under the Protection from Harassment Act 1997.
Understanding the Legal Complexity of Civil Orders and Arrest Powers
The answer is a nuanced one, rather than a straight yes or no, and therefore another example of why the area of criminal law infringement upon civil rights is a minefield, where people are best advised to tread with the guidance of an expert lawyer in the field, such as myself.
Is Breach of a Civil Order Grounds for Immediate Arrest?
The basic position is that mere breach of a civil order forbidding a person from certain behaviour/ actions is not enough for Officers to summarily arrest that person.
What is a Summary Arrest Under Section 24 of PACE?
A summary arrest is an arrest by a Police Officer using their own judgment under the provisions of Section 24 of the Police & Criminal Evidence Act (PACE) i.e reasonable suspicion of an offence – and is to be distinguished from an arrest carried out in accordance with an arrest warrant issued by the Court.
Do Penal Notices Automatically Give Police Power to Arrest?
Even civil orders which have so-called “Penal Notices” attached to them i.e a warning in the following terms “IF YOU DO NOT OBEY THIS ORDER YOU MAY BE GUILTY OF CONTEMPT OF COURT AND MAY BE SENT TO PRISON” – do not give Police ‘free- standing’ powers to arrest for an alleged breach. The breach may indeed amount to contempt of court, but before any arrest can take place, an application must be made to and approved by the Court.
Common Police Misconceptions About Civil Injunctions
Nevertheless, many Police officers wrongly assume that all civil injunctions automatically carry arrest powers.
Case Study: Wrongful Arrest for Breach of an Occupation Order
An example of this is the case of my client Elaine, who whilst in the midst of a messy divorce from her husband was arrested for alleged breach of a Family Court Occupation Order (that is an Order governing Elaine and her husband’s use of what was still then the shared family home) because the Police got confused between the terms of the Non-Molestation Order (to which a power of arrest was automatically attached by reason of Section 42A of the Family Law Act 1996, but which Elaine had not breached) and the Occupation Order (which Elaine had technically breached, but which did not have a power of arrest attached). As a result, in the midst of what was already a time of great stress and tribulation for her, Elaine had to undergo the travesty of being detained in Police and Court custody for 32 hours.
Legal Minefield: Injunctions Under the Protection from Harassment Act 1997
Alleged breaches of injunctions issued under Section 3 of the Protection from Harassment Act 1997 are a further legal minefield.
When Must the Court Authorise Arrest for Civil Injunction Breaches?
Section 3 (3) of the Act mirrors the general position (no summary power of arrest for civil breaches) by providing that where a civil injunction has been granted “for the purpose of restraining the Defendant from pursuing any conduct which amounts to harassment” the Claimant must apply to the Civil Court for an arrest warrant, if they believe the Defendant is breaching the injunction i.e the question of whether an arrest is justified is one for the Court not the Police.
Civil vs Criminal Harassment: When Police Can Arrest
However, harassment is not just a civil matter – under the provisions of the same Act, it is also a criminal offence. Therefore, if there is sufficient evidence that the Defendant is committing criminal harassment, the Police could exercise their direct power of summary arrest; but, in that event, all the safeguards laid down by Section 24 of PACE apply. I.E. the Police officers must have both objectively reasonable suspicion of the offence and necessity to arrest (rather than investigate by means of voluntary attendance, for example).
Case Study: Wrongful Arrest and Compensation – Josie’s Story
All of these issues came to a head in the case of my client Josie.
Background: Civil Injunction Dispute With Neighbours
Josie, who lives in London, was, in December 2024, made subject to an injunction that had been imposed following a dispute with her neighbours over alleged noises from her property and which had been granted by the County Court under the Protection from Harassment Act 1997. There was no express power of arrest attached to the injunction.
Police Investigation and Arrest Without Legal Basis
One afternoon in January 2025, Josie had taken her dogs to a veterinary appointment when she received a telephone call from a Metropolitan Police Officer. The Officer explained that there had been an allegation that Josie had breached the Injunction Order and that Officers needed to speak to her accordingly.
Josie cooperated with the Officers, and even allowed them access to her property to investigate the report of ‘noises’, but was nevertheless arrested early that evening for “breaching the Civil Order”. This was a deeply distressing experience for Josie – and as with my client Elaine, one which only added salt to the wounds of the existing civil dispute she was involved in, with her neighbours.
Court Intervention: No Power of Arrest Confirmed
Josie spent a miserable night in Police cells before being conveyed to the Royal Courts of Justice, whereupon the Judge – immediately seeing what the Police had not – ordered her to be set free, as the Injunction Order carried with it no power of summary arrest.
Failure to Apply PACE Safeguards by Police
My client could, arguably, have been arrested by the Police for the criminal offence of harassment, if they had put their minds to the question as to whether there was reasonable suspicion of that offence, and whether the necessity test was satisfied – but they did not do so. Instead, those crucial legal safeguards were completely disregarded by the Metropolitan Police, and my client was arrested without due process and in contravention of PACE.
Successful Outcome: Compensation for Wrongful Arrest
Marshalling all of the facts, I presented a strong and clear- cut case on behalf of Josie, to such an extent that it was not necessary to go back to Court again. The Police have recently agreed to make a substantial compensation payment for my client’s wrongful arrest, plus legal costs.
Have You Been Wrongfully Arrested? Get Expert Legal Advice
If you have suffered summary arrest for alleged breach of a civil court order, contact me for an initial assessment of your case/ advice. It may well be that no power of arrest actually existed – and I can help you, too, receive substantial damages for Police blundering with your liberty.
Client Review: 5-Star Feedback on Legal Representation
You can also read Josie’s 5- star review of my handling of her case by clicking on the link.
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Every post on this blog is grounded in real cases, real experience, and a commitment to holding abuses of power to account. If you’ve taken something useful from this article, or if you wish to support that broader aim, I would be grateful if you could leave a 5-star review. Each review strengthens this work and helps others in need of straightforward, specialist expertise find their way here. Thank you.
Contact the Expert Police Misconduct Solicitor
Iain Gould is a solicitor specialising in complaints, claims and civil actions against the Police. With over 30 years of experience and a national reputation, he has successfully sued all 43 police forces in England and Wales challenging abuse of power and securing rightful compensation.
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