Power of Arrest and Penal Notice

Where the court makes an order and it appears that the respondent has used or threatened violence against the applicant the court is required to attach a power of arrest to that order. The power of arrest authorises a constable to arrest without warrant a person believed to be in breach of the order. The solicitors responsible for the applicant will provide all the applicants details to the police.

All non-molestation orders and occupation orders should have a penal notice attached. This warns the respondent that if the order is not obeyed he/she may be committed to prison for contempt.