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Changes to the law regarding domestic violence cases

In November 2004, the Domestic Violence, Crime and Victims Bill received the Royal Assent. The resulting Act, (DVCVA), introduced to strengthen the protection, support and rights of victims and witnesses, also provided the police and other agencies with the tools to get to the heart of domestic violence crimes. On 1st July 2007 certain of the important measures included within the Act came into force, one of these changes being new police powers to deal with domestic violence, including the making of a breach of a non-molestation order a criminal offence, punishable by up to 5 years imprisonment.

A change to the drafting of a non-molestation order also now applies. The “penal notice”, i.e. the notice which allows the police to arrest a person who is in breach of the order and to bring that person to court within 24 hours, is no longer required to be attached to the order. This condition has been removed because it was thought that it would be confusing to the police. Under the old law, a penal notice would allow the police to arrest an individual in breach of the order because a civil Court allowed for an arrest. However, now that the breach is deemed to be a criminal offence, the police are required to arrest the individual for an actual crime and not just because the individual has breached a Court order. Therefore, the breach of a non-molestation order is an offence punishable by up to 5 years imprisonment, and this now means that it automatically becomes an arrestable offence.

This change to the domestic violence law is a positive step because the police can now automatically arrest an individual in breach of a non-molestation order and the results are more serious. This reflects society’s perception regarding domestic violence - it is no longer viewed as acceptable.

If you are the victim of domestic violence it is important that you take the necessary steps to protect yourself. Bird & Co Solicitors LLP can provide you with the appropriate advice and assistance to reduce the risk of you suffering any further domestic violence.

If you wish to speak with a legal adviser concerning any domestic violence matter affecting you, please contact one of our Offices - the link below will take you to our “Contact Us” webpage.

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News item posted on 12th October 2007