Have your say on government e-petitions

Allow family courts to attach powers of arrest to non-molestation orders again

Submitted by Janet Williams on Tuesday 27th October 2020

Published on Tuesday 10th November 2020

Current status: Open

Open until: Monday 10th May 2021

Current Signatures: 88
(count is updated approximately hourly)

Relevant Departments

Tagged with

Children ~ It ~ Judge ~ Police ~ Power ~ Reported ~ Senior

Petition Action

Allow family courts to attach powers of arrest to non-molestation orders again

Petition Details

A power of arrest effectively deterred breach as reported breach normally resulted in immediate arrest and a contempt hearing before a senior judge. It promoted calm while the court resolved related issues, crucially children, which can make victims vulnerable to former partners.

Additional Information

Family courts were prevented from attaching powers of arrest in 2007 when breach became an offence to be prosecuted in the criminal courts.

However, taking action is now solely a matter for the police and CPS, not the civil courts, and victims face the ordeal of testifying in criminal proceedings of uncertain date and outcome.

When half of domestic killings occur around separation, powers of arrest provided continuous victim protection, with swift accountability for perpetrators of breach.


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