What criminal action can be taken about domestic violence?

Family Law Act 1996

Under section 42 of the Family Law Act 1996 a court may make two types of injunctions during family court proceedings: a non-molestation order and an occupation order. A non-molestation order prevents a person from using or threatening violence against you or your child, or intimidating, harassing or pestering you. An occupation order regulates who can live in the family home, and can also restrict a person from approaching the surrounding area. These are not criminal offences in themselves, but a breach of them can be, as detailed below.

Protection from Harassment Act 1997

Restraining orders are made under section 5 of the Protection from Harassment Act 1997. The order prohibits a person from certain conduct which amounts to harassment or will cause fear of violence. Restraining orders are an important tool for addressing and preventing domestic violence.

The Protection from Harassment Act 1997 introduced four new criminal offences:

- harassment (section 2)
- fear of violence (section 4)
- breach of a civil injunction (section 3(6))
- breach of a restraining order (section 5(5))

Domestic Violence, Crime and Victims Act 2004

Under the Domestic Violence, Crime and Victims Act 2004, section 1 inserts the section 42A offence of a breach of a non-molestation order. The offence can be punished either as a criminal law offence or as a civil contempt of court. It was introduced following concern that the civil procedure was ineffective in preventing and deterring domestic violence. Previously if a person breached their non-molestation order, he/she could only be arrested for a civil contempt of court if a power of arrest was attached to the order.

Sexual Offences Act 2003

The Sexual Offences Act 2003 changed the law on sexual offences, improving preventative measures and the protection of individuals from sexual offenders. The main provisions of the Act relevant to cases of domestic violence are:

- significant changes to the issue of consent
- familial child sex offences
- familial adult sex offences

For further legal advice regarding criminal action for domestic violence, you can contact a family solicitor. A family solicitor can apply to the court for an order on your behalf.

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