C1 Part IV Family Homes and Domestic Violence
Further provisions relating to occupation and non-molestation orders
46 Undertakings.
1
In any case where the court has power to make an occupation order or non-molestation order, the court may accept an undertaking from any party to the proceedings.
2
No power of arrest may be attached to any undertaking given under subsection (1).
3
The court shall not accept an undertaking under subsection (1) F1instead of making an occupation order in any case where apart from this section a power of arrest would be attached to the order.
F23A
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
An undertaking given to a court under subsection (1) is enforceable as if F3the court had made an occupation order or a non-molestation order in terms corresponding to those of the undertaking.
5
This section has effect without prejudice to the powers of the High Court and F4the family court apart from this section.
Pt. 4 modified (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 25(2); S.I. 2005/3175, art. 2(1), Sch. 1