header-logo header-logo

03 June 2016 / Jonathan Herring
Issue: 7701 / Categories: Features , Family
printer mail-detail

Arresting developments

nlj_7701_herring

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll