Family Homes and Domestic Violence (Northern Ireland) Order 1998
Northern Ireland Order in Council 1998 No. 1071 — creates 1 criminal offence.
- Made
- 22 April 1998
- In force from
- Not determined
- Extent
- Not stated
- Subject
- Courts, police, prisons and the administration of justice
- Made under
- Schedule 1 to the Northern Ireland Act 1974
Explanatory note
(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
Articles 1 to 3 are introductory. Articles 4 to 11 confer rights to occupy the matrimonial home where a spouse is not otherwise entitled to occupy it and provide for the registration of those rights (largely re-enacting Part II of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984). Articles 11 to 24 enable spouses, former spouses and cohabitees to apply for occupation orders and also enable the court to make non-molestation orders prohibiting persons from molesting another person associated with them or molesting a relevant child. Articles 25 and 26 make contravention of certain orders an offence and confer a power of arrest without warrant. Article 28 amends the Children (Northern Ireland) Order 1995 with respect to the powers of the court to make residence and contact orders in molestation cases and Article 29 provides for exclusion requirements in interim care orders and emergency protection orders. Articles 30 to 41 contain further supplementary provisions including provision for third parties to act on behalf of victims of domestic violence (Article 35).
Offences created by this instrument
- Any person who contravenes— a a non-molestation order; b where there is in force a non-molestation order prohibiting… article 25 · Status not determined · Strict liability
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 1998