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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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