Form N139 UK: Warrant of Arrest Application Guide

At a glance

• What it is: Form N139 is the HMCTS County Court form used to apply for a warrant of arrest against a person who has breached an injunction.
• What it does: if granted, it directs a police officer to arrest the named respondent and bring them before the court to answer for the alleged breach — it does not itself impose a penalty.
• When it applies: typically where a power of arrest was not attached to the injunction, or was not attached to the specific provision breached, so the police cannot act on their own initiative under a standalone power of arrest.
• Family injunctions: under section 47(8) of the Family Law Act 1996, a warrant of arrest can be sought for breach of a non-molestation or occupation order where the court believes on reasonable grounds that the respondent has failed to comply.
• Anti-social behaviour injunctions: under section 9 of the Anti-social Behaviour, Crime and Policing Act 2014, where a power of arrest is attached, a constable can arrest without a warrant — Form N139 is not the route in that scenario.
• After arrest: on the Form N139 warrant route, there is no 24-hour rule — the arrested person is brought before the court, which may remand them. (The 24-hour production rule applies instead where police arrest without a warrant under a power of arrest already attached to the injunction.)
• Fees: court fees change; check the current figure on GOV.UK's civil and family court fees schedule (EX50A) before filing.
• This guide covers England and Wales only.

What Form N139 is for

Form N139 is published by HM Courts & Tribunals Service and is used to ask the County Court to issue a warrant of arrest where someone is alleged to have breached the terms of an injunction. An injunction is a court order that either requires a person to do something or, more commonly, prohibits them from doing something — such as contacting a named individual, entering a property, or approaching a protected address.

When the person bound by the injunction (the respondent) disobeys it, the person who obtained the order can, in the right circumstances, ask the court for a warrant. The warrant authorises a police officer to arrest the respondent so they can be brought before the court to deal with the alleged breach. The purpose is to secure the respondent's attendance — not to punish them directly. Punishment, if any follows, comes later, once the court has considered the evidence and heard from the respondent.

The current version of the form is published on GOV.UK, where HM Courts & Tribunals Service confirms it is used specifically to apply for a warrant of arrest in the County Court.

The statutory routes that allow a warrant of arrest

Form N139 is a procedural document — it only works where the underlying law actually permits a warrant of arrest for the type of injunction and breach in question. There is no single, universal power. The two most common routes are:

Family injunctions: non-molestation and occupation orders

Section 47 of the Family Law Act 1996 governs arrest for breach of non-molestation and occupation orders. Where a power of arrest has been attached to a relevant provision of the order, a constable may arrest without a warrant if they have reasonable cause to suspect a breach. Where a power of arrest was not attached — for example, because the court decided at the time it wasn't necessary — the protected party can instead apply to the court for a warrant of arrest under section 47(8), provided the court has reasonable grounds for believing the respondent has failed to comply with the order. This is the route Form N139 most commonly serves.

Where an arrest is made under a warrant issued on this route (section 47(9)-(12)), the person arrested is brought before the court, which can remand them if the matter is not dealt with immediately — there is no 24-hour production requirement here; that rule applies instead to arrest without a warrant under an attached power of arrest, under section 47(6)-(7).

Anti-social behaviour injunctions

Section 9 of the Anti-social Behaviour, Crime and Policing Act 2014 allows a power of arrest to be attached to an injunction granted under section 1 of that Act, where the conduct involves violence or a significant risk of harm. Where that power is attached, a constable can arrest without a warrant on reasonable suspicion of breach — Form N139 is not needed in that scenario, and the arrested person must again be brought before a judge within 24 hours.

A note on upcoming reform: the Crime and Policing Act 2026 will, once its relevant provisions are brought into force, replace the current anti-social behaviour injunction regime with three new orders — respect orders, youth injunctions, and housing injunctions. At the time of writing, GOV.UK confirms these provisions had not yet been commenced, and existing injunctions granted (or applied for) before the commencement date continue under the current rules. Always check the current position on GOV.UK before relying on this area of law.

Other injunctions and contempt applications generally

For injunctions outside these two family and anti-social-behaviour schemes — for example, some civil injunctions granted in ordinary County Court proceedings — breach is usually pursued through a contempt application under Part 81 of the Civil Procedure Rules, which has governed contempt proceedings since 1 October 2020. Whether a warrant of arrest is available alongside or instead of a contempt application depends on the specific order and its terms. If you are unsure which route applies to your injunction, check the order itself and, if in doubt, get advice before filing anything.

Who can apply, and what the form asks for

The application is made by the party who obtained the injunction — usually the applicant or claimant — or by their legal representative. Form N139 asks for:

• the claimant's and respondent's details and the case number of the original proceedings;
• a description of how the injunction has been breached, including dates, times and specifics;
• whether the police have already been informed of the alleged breach; and
• whether any criminal proceedings are already under way in connection with the same conduct.

Because the statements in the form are made to the court, accuracy matters. Judges expect specific, evidenced detail — dates, locations, witnesses, and any supporting material such as messages, photographs or police reference numbers — rather than a general account of the respondent's behaviour.

How to apply: step by step

1. Confirm the injunction supports this route. Check the order for wording attaching a power of arrest, and identify which statutory scheme it falls under (Family Law Act 1996, Anti-social Behaviour, Crime and Policing Act 2014, or another route). If a power of arrest is already attached to the breached provision, the police may be able to arrest without a warrant, and Form N139 may not be the right document.
2. Gather evidence of the breach. Set out what the respondent has done, when, and how you know. Keep copies of anything that supports the account — messages, photographs, witness details, police reference numbers.
3. Complete Form N139. Fill in the claimant's and respondent's details, the case number, and a clear, factual account of the alleged breach, including whether the police have been told and whether criminal proceedings are on foot.
4. File at the correct court. The application goes to the court that made the original injunction. Check the court's current filing requirements and fee — see GOV.UK's civil and family court fees list — before filing, and keep a sealed copy once it is issued.
5. Attend any hearing the court directs. The court may deal with the application on the papers or list a short hearing before deciding whether to issue the warrant.

What happens after the warrant is issued

Once issued, the warrant is passed to the police, who execute it by arresting the respondent. Whether the warrant was issued under the Family Law Act 1996 or Anti-social Behaviour, Crime and Policing Act 2014 routes, there is no 24-hour production requirement on this route — the respondent is instead brought before the court, which may remand them if the matter is not dealt with straightaway. (The 24-hour rule applies only where a constable arrests without a warrant under a power of arrest already attached to the injunction.) The court then considers the evidence of the alleged breach, gives the respondent the chance to respond, and decides whether there has been a contempt of court and, if so, what sanction follows. Sanctions can range from no order, through a fine, to a suspended or immediate committal to prison in serious or repeated cases — but imprisonment is generally reserved for the most serious breaches.

Common mistakes to avoid

• Applying under Form N139 when a power of arrest is already attached. If the police can already arrest without a warrant, the correct step is usually to report the breach to the police, not to file N139.
• Vague or general accounts of the breach. The court needs specific facts — dates, times, what was said or done — not a general impression that the respondent is "not complying".
• Assuming every injunction supports a warrant of arrest. Some injunctions are enforced instead through a contempt application under CPR Part 81. Check your order's statutory basis before filing.
• Relying on an outdated fee figure. Court fees change; always check the current schedule on GOV.UK before filing.

For related paperwork once a breach has been established, see our guide on Form N344, used to request a warrant of committal, and our broader overview of County Court forms.

This guide provides general information about Form N139 and warrants of arrest in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances — the law on injunctions and enforcement is fact-sensitive, and getting the statutory route wrong can mean an application is refused. Always check GOV.UK and legislation.gov.uk for the current position before you file.

Last reviewed: August 2026 by a non-practising solicitor · Next review due: August 2027 or on legislative change.