What is a Power of Arrest ?
If the parties are married or were living together at the time of the violence then the court order can contain a "power of arrest" to allow the police to arrest the party who ignores or breaks the order.
If your partner breaks the order and you call the police, they will ask to see a copy of the order to see if it has a Power of Arrest.
Once the police have arrested that person they must bring them back to court within 24 hours. The police can of course charge that person with a criminal offence if one has been committed.
A power of arrest can only be attached to an "occupation order" and not a non-molestation order. This is because the Domestic Violence Crime & Victims Act 2004, which came into effect in September 2005 has made breaching a non-molestation order a criminal offence and therefore the police will have to arrest someone breaching an order.
Questions & Answers
- What is an Injunction?
- What is a Common Law Injunction?
- Will an Injunction prevent someone coming to my home?
- Will an Injunction stop someone taking my children away?
- What else can an Injunction do?
- When is an Injunction valid?
- How do I apply?
- What is a Power of Arrest?
- If an Injunction Order is broken and there is no power of arrest, what can I do?
- What is a Warrant of Arrest?
- What is an Occupation Order?
- What is a Non-Molestation Order?
- What is an Anti-Harassment Injunction?
- What is an Undertaking?
- What are Special Domestic Violence Courts?