Section 40: Arrest for breach of order, Domestic Abuse Act 2021

This section applies where a relevant court has made a domestic abuse protection order against a person (“P”).

In this section “relevant court” means—

the High Court,

the family court, or

the county court.

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.

The persons referred to in subsection (3) are—

the person for whose protection the order was made;

where the order was made under section 28, the person who applied for the order (if different);

any other person with the leave of the relevant judge.

The relevant judge may issue a warrant on an application under subsection (3) only if—

the application is substantiated on oath, and

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.

If—

P is brought before a relevant court as a result of a warrant issued under this section, and

the court does not immediately dispose of the matter,

the court may remand P.

Schedule 1 contains further provision about remand under this section.

In this section “the relevant judge” means—

where the order was made by the High Court, a judge of that court;

where the order was made by the family court, a judge of that court;

where the order was made by the county court, a judge of that court.

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.

Section 40: Arrest for breach of order

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