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.