Domestic Violence and Matrimonial Proceedings Act 1976
| Jurisdiction | UK Non-devolved |
Domestic Violence andMatrimonial ProceedingsAct 1976
1976 CHAPTER 50
An Act to amend the law relating to matrimonial injunction; to provide the police with powers of arrest for the breach of injunction in cases of domestic violence; to amend section 1(2) of the Matrimonial Homes Act 1967; to make provision for varying rights of occupation where both spouses have the same rights in the matrimonial home; and for purposes connected therewith.
[26th October 1976]
B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Matrimonial injunctions in the county court.
(1) Without prejudice to the jurisdiction of the High Court, on an application by a party to a marriage a county court shall have jurisdiction to grant an injunction containing one or more of the following provisions, namely,—
( a ) a provision restraining the other party to the marriage from molesting the applicant;
( b ) a provision restraining the other party from molesting a child living with the applicant;
( c ) a provision excluding the other party from the matrimonial home or a part of the matrimonial home or from a specified area in which the matrimonial home is included;
( d ) a provision requiring the other party to permit the applicant to enter and remain in the matrimonial home or a part of the matrimonial home;
whether or not any other relief is sought in the proceedings.
(2) Subsection (1) above shall apply to a man and a woman who are living with each other in the same household as husband and wife as it applies to the parties to a marriage and any reference to the matrimonial home shall be construed accordingly.
2 Arrest for breach of injunction.
(1) Where, on an application by a party to a marriage, a judge grants an injunction containing a provision (in whatever terms)—
( a ) restraining the other party to the marriage from using violence against the applicant, or
( b ) restraining the other party from using violence against a child living with the applicant, or
( c ) excluding the other party from the matrimonial home or from a specified area in which the matrimonial home is included,
the judge may, if he is satisfied that the other party has caused actual bodily harm to the applicant or, as the case may be, to the child concerned and considers that he is likely to do so again, attach a power of arrest to the injunction.
(2) References in subsection (1) above to the parties to a marriage include references to a man and a woman who are living with each other in the same household as husband and wife and any reference in that subsection to the matrimonial home shall be construed accordingly.
(3) If, by virtue of subsection (1) above, a power of arrest is attached to an injunction, a constable may arrest without warrant a person whom he has reasonable cause for suspecting of being in breach of such a provision of that injunction as falls within paragraphs ( a ) to ( c ) of subsection (1) above by reason of that person's use of violence or, as the case may be, of his entry into any premises or area.
(4) Where a power of arrest is attached to an injunction and a person to whom the injunction is addressed is arrested under subsection (3) above,—
( a ) he shall be brought before a judge within the period...
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