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03 June 2016 / Jonathan Herring
Issue: 7701 / Categories: Features , Family
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Arresting developments

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Jonathan Herring investigates what behaviour amounts to harassment

Normally when a court order is breached an individual will face sanctions for contempt of court. However, the position in relation to non-molestation orders made under the Family Law Act 1996 (FLA 1996) is a little different. Section 42A of FLA 1996 makes it a criminal offence to breach such an order. This provision was designed to enhance protection to victims of domestic violence by placing responsibility for enforcement in the hands of the police, rather than depending on the victim bring proceedings herself. In particular it was designed to address the concern that a victim of domestic abuse might be threatened by the abuser into not to bringing contempt proceedings.

The facts of O’Neill

In R v O’Neill [2016] EWCA Crim 92, [2016] All ER (D) 216 (Mar) the Court of Appeal had to determine what kinds of breach of a non-molestation order might constitute an offence. Section 42A itself states that any breach of the order amounts to an offence. However, following this decision it is

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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