Legislation – Domestic Abuse Act 2021
Changes to legislation:
There are currently no known outstanding effects for the Domestic Abuse Act 2021, Section 40.
Changes to Legislation
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PART 3Powers for dealing with domestic abuse
Domestic abuse protection orders
40Arrest for breach of order
1
This section applies where a relevant court has made a domestic abuse protection order against a person (“P”).
2
In this section “relevant court” means—
a
the High Court,
b
the family court, or
c
the county court.
3
A person mentioned in subsection (4) may apply to the relevant judge for the issue of a warrant for P’s arrest if the person considers that P has failed to comply with the order or is otherwise in contempt of court in relation to the order.
4
The persons referred to in subsection (3) are—
a
the person for whose protection the order was made;
b
where the order was made under section 28, the person who applied for the order (if different);
c
any other person with the leave of the relevant judge.
5
The relevant judge may issue a warrant on an application under subsection (3) only if—
a
the application is substantiated on oath, and
b
the relevant judge has reasonable grounds for believing that P has failed to comply with the order or is otherwise in contempt of court in relation to the order.
6
If—
a
P is brought before a relevant court as a result of a warrant issued under this section, and
b
the court does not immediately dispose of the matter,
the court may remand P.
7
Schedule 1 contains further provision about remand under this section.
8
In this section “the relevant judge” means—
a
where the order was made by the High Court, a judge of that court;
b
where the order was made by the family court, a judge of that court;
c
where the order was made by the county court, a judge of that court.
9
For the power of a constable to arrest P without warrant for breach of a domestic abuse protection order, see section 24 of the Police and Criminal Evidence Act 1984.