Protecting victims of domestic violence takes priority over punishing offenders, says Jane McCulloch
The Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004), ss 1 and 12, which are intended to make it easier to prosecute violent partners, will be implemented on 1 July 2007.
DVCVA 2004, s 1 inserts a new s 42A into the Pt IV of the Family Law Act 1996, creating a new criminal offence of breaching a non-molestation order. A person will only be guilty of an offence under this section if he was aware of the existence of the order at the time of the conduct complained of. The same conduct cannot be dealt with both as contempt of court in the civil court and a criminal offence under this provision.
A person guilty of an offence under this new section is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not
