Sch 10 para 37
(1) Section 46 of that Act (undertakings) is amended as follows. (2) In subsection (3), after “under subsection (1)” insert “ instead of making an occupation order ” . (3) After that subsection insert— (3A) The court shall not accept an undertaking under subsection (1) instead of making a non-molestation order in any case where it appears to the court that— (a) the respondent has used or threatened violence against the applicant or a relevant child; and (b) for the protection of the applicant or child it is necessary to make a non-molestation order so that any breach may be punishable under section 42A. (4) In subsection (4), for “it were an order of the court” substitute “ the court had made an occupation order or a non-molestation order in terms corresponding to those of the undertaking ” .