Family

The area of Family Law can

be both highly sensitive and

Family News

Home | Family | News

Everyone has the right to live without fear for their personal safety (10 May 2010)

The family courts have the power to offer specific remedies to protect those who have been subjected to physical violence, threats of violence and harassment. A non molestation order is an injunction that prohibits a person from using or threatening violence or harassing, pestering or intimidating another person. An occupation order can stop a person from coming to the family home or to exclude someone from a certain radius or even to allow a victim to return home.

On the 1st July 2007 the Domestic Violence Crime and Victims Act (DVCVA) came into force. The aim of this act is to provide even greater protection for victims of domestic violence.

On the 1st July 2007 the Domestic Violence Crime and Victims Act (DVCVA) came into force. The aim of this act is to provide even greater protection for victims of domestic violence.

One of the most significant changes brought about by the new legislation is the method of enforcing a breach of a non molestation
order. Previously family courts had the power to attach a power of arrest to a non molestation injunction but since the new act came into place the power of arrest was abolished and breaches are no longer dealt with as a civil contempt of court. The effect of this is that a breach of a non molestation order has now been criminalised. Thus the police now have the power to arrest someone they suspect to
be in breach of an order. This can now be punishable to a maximum penalty of up to five years in prison.

It is worrying that with such serious consequences it is purported that the new legislation has been deterring victims from seeking help. Those individuals, particularly with children are often reluctant to seek orders that will result in their former partner or spouse obtaining
a criminal record or even a prison sentence. It should be noted, however that a power of arrest can still be attached to an occupation order and any breaches are still pursued through the civil courts.
Importantly protection through the family courts has now been extended to cover a wider group of people. An individual must come within the definition of an ‘associated person’ for the Court to make an order against them. The definition of associated persons extends to include same sex couples. Additionally a new section is added to include individuals who “...have or have had an intimate personal relationship with each other, which is or was of significant duration”. This will therefore apply to couples who have never lived together.

The new changes to the law aim to send out a very clear message that domestic violence will not be taken lightly and will result in more serious consequences. Previously the family courts had limited powers of sanction often resulting in a fine or exceptionally imprisonment.

The criminal courts on the other hand have wider powers of enforcement and can impose orders that treat the cause of domestic
violence and not simply punish.
The purpose of this article is not to provide a detailed explanation of the law, but to highlight some of the issues that should be considered if you require advice. If so please contact our specialist team to assist you.