Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial
team to Family Law Act 1996. Any changes that have already been made by the team appear in the
content and are referenced with annotations. (See end of Document for details) View outstanding changes
Family Law Act 1996
1996 CHAPTER 27
PART IV
FAMILY HOMES AND DOMESTIC VIOLENCE
Further provisions relating to occupation and non-molestation orders
47 Arrest for breach of order.
(1) F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) If—
(a) the court makes [F2an occupation order]; and
(b) it appears to the court that the respondent has used or threatened violence
against the applicant or a relevant child,
it shall attach a power of arrest to one or more provisions of the order unless satisfied
that in all the circumstances of the case the applicant or child will be adequately
protected without such a power of arrest.
(3) Subsection (2) does not apply in any case where [F3the occupation order] is made by
virtue of section 45(1), but in such a case the court may attach a power of arrest to one
or more provisions of the order if it appears to it—
(a) that the respondent has used or threatened violence against the applicant or
a relevant child; and
(b) that there is a risk of significant harm to the applicant or child, attributable
to conduct of the respondent, if the power of arrest is not attached to those
provisions immediately.
(4) If, by virtue of subsection (3), the court attaches a power of arrest to any provisions
of [F4an occupation order], it may provide that the power of arrest is to have effect for
a shorter period than the other provisions of the order.
