Search Legislation

The Family Homes and Domestic Violence (Northern Ireland) Order 1998

Status:

This is the original version (as it was originally made).

Enforcement

Offences

25.  Any person who contravenes—

(a)a non-molestation order;

(b)where there is in force a non-molestation order prohibiting that person from molesting another person, an occupation order or an order under Article 18;

(c)an exclusion requirement included by virtue of Article 57A of the Children (Northern Ireland) Order 1995 in an interim care order under Article 57 of that Order; or

(d)an exclusion requirement included by virtue of Article 63A of the Children (Northern Ireland) Order 1995 in an emergency protection order under Article 63 of that Order,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both.

Power of arrest without warrant

26.  In Article 26(2) of the [1989 NI 12.] Police and Criminal Evidence (Northern Ireland) Order 1989 (arrest without warrant for arrestable offences), for the sub-paragraph (g) inserted by Article 4(3) of the Protection from Harassment (Northern Ireland) Order 1997 there shall be substituted the following sub-paragraphs—

(h)an offence under Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (harassment);

(i)an offence under Article 25 of the Family Homes and Domestic Violence (Northern Ireland) Order 1997 (contravention of non-molestation orders etc.).

Further powers of court of summary jurisdiction

27.—(1) Paragraphs (3) to (8) of Article 112 of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of orders other than for the payment of money) apply for the purpose of the enforcement of—

(a)a non-molestation order;

(b)an occupation order;

(c)an order under Article 18;

(d)an exclusion requirement included by virtue of Article 57A of the [1995 NI 2.] Children (Northern Ireland) Order 1995 in an interim care order under Article 57 of that Order; or

(e)an exclusion requirement included by virtue of Article 63A of the Children (Northern Ireland) Order 1995 in an emergency protection order under Article 63 of that Order,

as those paragraphs apply in relation to an order mentioned in paragraph (2) of Article 112.

(2) A court of summary jurisdiction has the same power to make a hospital order or guardianship order under Article 44 of the [1986 NI 4.] Mental Health (Northern Ireland) Order 1986 or an interim hospital order under Article 45 of that Order in the case of a person who is suffering from mental illness or severe mental impairment who could otherwise be committed to custody for breach of an order or requirement mentioned in paragraph (1) as a court of summary jurisdiction has under those Articles in the case of a person convicted of an offence punishable on summary conviction with imprisonment.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources