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Form N139 UK: Warrant of Arrest Application Guide

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Part ofCounty Court Forms UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When someone ignores a court injunction, the claimant isn't left without options. Form N139 is the application used to ask the court for a warrant of arrest against a person who has breached the terms of an injunction order. It's a serious step, and the courts treat it that way. The form captures the facts the judge needs to decide whether arrest is justified, including who the respondent is, how the order has been broken, and whether the police are already involved. This page walks through what the form is for, when it tends to be used, what information you'll need to supply, and what usually happens once the application reaches the court. If you're weighing up whether to go down this route, it helps to understand the mechanics before you file anything.

What this document is

Form N139 is a court form used in England and Wales to apply for a warrant of arrest where a party has allegedly breached an injunction. An injunction is a court order that either requires someone to do something or, more commonly, stops them from doing something, such as contacting a named person, entering a particular property, or harassing another party.

When the order is disobeyed, the person who obtained it (the claimant or applicant) can ask the court to issue a warrant so that the respondent can be brought before a judge to answer for the breach. The warrant itself is an authority for a police officer to arrest the named individual.

Its purpose is not to punish directly, but to compel attendance at court so the breach can be dealt with. Depending on the findings, the court can impose sanctions for contempt, which in serious cases can include a fine or a period of imprisonment. Form N139 is the standard mechanism for triggering that process in the civil courts.

How to use this document

  1. Check that the underlying injunction allows for arrest. Not every injunction carries a power of arrest. Before filing Form N139, confirm that the original order contains wording attaching a power of arrest, or that the relevant statute allows you to apply for a warrant in your circumstances. If the order is silent, you may need to take a different route, such as a committal application.
  2. Gather evidence of the breach. You'll need to set out clearly what the respondent has done (or failed to do) that breaches the injunction. Dates, times, locations, and any witnesses matter. Keep copies of messages, photographs, police reference numbers, and anything else that supports your account. The court will want specifics, not general complaints about the respondent's conduct.
  3. Complete Form N139 carefully. The form asks for the claimant's details, the respondent's details, the case number, and a description of how the injunction has been disobeyed. You'll also be asked whether you've reported the matter to the police and whether any criminal proceedings are on foot. Accuracy is important because the statements are made to the court.
  4. File the form with the correct court. The application is filed at the court that made the original injunction. Check the court's current filing requirements, including whether a fee applies, by looking at gov.uk for the most up-to-date information. Keep a stamped or sealed copy for your records once it has been issued.
  5. Attend any hearing the court directs. The court may deal with the application on the papers or list a short hearing. If a warrant is issued and the respondent is arrested, you may need to attend a subsequent hearing where the alleged breach is considered. Be ready to give evidence in support of what you've said in the application.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q What is a warrant of arrest in civil proceedings?
In a civil context, a warrant of arrest is a court order directing a police officer to arrest a named person and bring them before the court. It is typically used where someone has breached an injunction and the court needs to secure their attendance to deal with the breach. It is not the same as arrest in a criminal investigation, although the person is physically detained in both cases.
Q Who can apply using Form N139?
The application is made by the party who originally obtained the injunction, usually the claimant or applicant in the case. It can be used where the respondent has disobeyed the terms of the order. You generally need to be the protected party or their legal representative, and the court will expect the application to be supported by evidence of the alleged breach.
Q Does every injunction allow a warrant of arrest?
No. A warrant of arrest is only available where the injunction carries a power of arrest or where statute allows one to be issued. Many family and civil injunctions do include this power, particularly in cases involving harassment or domestic abuse, but not all do. Check the wording of the order before assuming Form N139 is the right route.
Q What happens after a warrant is issued?
Once issued, the warrant is passed to the police, who will execute it by arresting the respondent. The person is then brought before the court, usually within a short period, where the court will consider the alleged breach. The respondent has the opportunity to respond, and the court decides whether there has been a contempt and what the consequences should be.
Q Is there a court fee for Form N139?
Court fees change from time to time, and some applicants may qualify for help with fees depending on their income and circumstances. Rather than relying on a figure that may be out of date, check the current fee schedule on gov.uk or ask the court office directly before you file. If a fee applies, you will usually need to pay it at the point of filing.
Q Can the respondent be sent to prison?
In serious cases, yes. Breach of an injunction is a contempt of court, and the sanctions available include a fine, a suspended sentence, or committal to prison. The court will take into account the nature of the breach, any previous conduct, and whether the respondent has a reasonable explanation. Imprisonment tends to be reserved for significant or repeated breaches.
Q Do I need a solicitor to apply?
It is possible to apply as a litigant in person, and the form is designed to be completed without legal training. That said, applications involving injunctions and contempt can be procedurally tricky, and the consequences for the respondent are serious. Many people find it helpful to take some form of guidance before filing, particularly if the facts of the breach are complicated.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.