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Family Law

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Court of Protection Practice and Procedure Conference 2016

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31 MAY 2005

Abolition of the Power of Arrest

Robert Hill District Judge and Recorder. Third article in a series on the Domestic Violence, Crime and Victims Act 2004. Section 42A of the Family Law Act 1996, inserted by s 1 of the 2004 Act, will make breach of a non-molestation order a criminal offence. Schedule 10 to the Act abolishes the power of arrest in contempt proceedings for breach of a non-molestation order. The power will be confined to occupation orders. Robert Hill explains the extreme care which will be required by practitioners seeking orders and by the courts making them.

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