Domestic Violence - a Criminal Offence

The Domestic Violence, Crime and Victims Act 2004 came into force on 1st July 2007, making breach of a Non-Molestation Order (without reasonable excuse) a criminal offence, punishable by up to 5 years imprisonment.

Any person who breached such an Order would previously have been summoned to appear at the Family Court, to answer the allegation. Very rarely would the judge impose a custodial sentence.

However, if such a breach of an order made after 1st July 2007 occurs, the police have power to arrest that person and to bring criminal charges. If found guilty, the offender may well acquire a criminal record.

A non-molestation order, commonly known as an injunction will still be granted in the Family Court.