37(1)Section 46 of that Act (undertakings) is amended as follows.
(2)In subsection (3), after “under subsection (1)” insert “instead of making an occupation order”.
(3)After that subsection insert—
“(3A)The court shall not accept an undertaking under subsection (1) instead of making a non-molestation order in any case where it appears to the court that—
(a)the respondent has used or threatened violence against the applicant or a relevant child; and
(b)for the protection of the applicant or child it is necessary to make a non-molestation order so that any breach may be punishable under section 42A.”
(4)In subsection (4), for “it were an order of the court” substitute “the court had made an occupation order or a non-molestation order in terms corresponding to those of the undertaking”.