Correct on the date of publication - 3 August 2026
Question:
I am on a domestic violence unit and have been called in by a woman who is suffering from the unwanted attention of a man with whom she used to live but was not married. It would appear that there is enough to charge him with harassment but she does not want that and she has been to a solicitor who says she should apply for a non-molestation order under section 42 of the Family Law Act 1996. Do we have a power of arrest if he breaches the order?
Answer:
Yes. Section 42A was added to the Family Law Act 1996 on 1 July 2007 and makes it a criminal offence punishable by up to five years imprisonment to breach a non-molestation order. The power of arrest is 'arrest without warrant'.
However, the criminal route does not necessarily have to be followed. Breaching a non-molestation order is also a contempt of the family court that issued the order. If the complainant wishes for the breach to be dealt with for contempt then she would have to apply to the court that made the order, under section 47(8) of the Family Law Act 1996, for a warrant authorising the police to arrest the defendant and bring him before the Family Court. However, a civil court cannot punish for contempt once a defendant has been convicted of the criminal offence and a criminal court cannot convict a defendant of the criminal offence once he has been dealt with for contempt (see section 42A(3) and (4)).
View the full Legal Q&A document here, with links to related and similar legal questions.
For quick and easy access in the future, click the pin icon from the top right of any document to save it to 'My Documents'.
