s 1 Breach of non-molestation order to be a criminal offence
In Part 4 of the Family Law Act 1996 (c. 27) (family homes and domestic violence), after section 42 insert— Offence of breaching non-molestation order (42A) (1) A person who without reasonable excuse does anything that he is prohibited from doing by a non-molestation order is guilty of an offence. (2) In the case of a non-molestation order made by virtue of section 45(1), a person can be guilty of an offence under this section only in respect of conduct engaged in at a time when he was aware of the existence of the order. (3) Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court. (4) A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court. (5) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; (b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both. (6) A reference in any enactment to proceedings under this Part, or to an order under this Part, does not include a reference to proceedings for an offence under this section or to an order made in such proceedings. “ Enactment ” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30).