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Family Law

The leading authority on all aspects of family law

06 FEB 2012

Family Justice Council: Protocol for process servers: Non-molestation orders

This guidance issued by the Domestic Abuse Committee of the Family Justice Council sets out an agreed protocol for the service of non-molestation orders and injunctions made by the courts to protect people from violence and harassment.

Without these orders being correctly served on the person against whom they are made, and proper proof of that service, the courts cannot enforce the orders or punish any breach or the breaking of any term of the order.

NB: In the wording set out under step 3 of 'Steps to Take' on page 2, the legislation should read "Criminal Justice Act 1967, s9; Magistrates Courts Act 1980, ss 5A (3)(a)..." instead of "Criminal Justice Act 1967, s9; Magistrates Courts Act 1908 ss 5A 93 (a)..." We have contacted the Family Justice Council about this error.

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