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Further provisions of the Domestic Violence, Crime and Victims Act 2004 are due to come into force on 1 July 2007. A breach of a non-molestation order 'without reasonable excuse' will be a criminal offence punishable by up to five years' imprisonment (s 1 introduces a new s 42A of the Family Law Act 1996). Consequently, it will no longer be possible to attach a power of arrest to a non-molestation order, however it automatically becomes an arrestable offence under s 24(1) of the Police and Criminal Evidence Act 1984. The commencement order is not yet published. For related amendments to the Family Proceedings Rules and the Family Proceedings Courts Rules see Legislation below.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...