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c. 50
ELIZABETH II
Domestic Violence^ and
Matrimonial Proceedings
Act 1976
1976 CHAPTER 50
An Act to amend the law relating to matrimonial
injunction; to provide the police with powers of arrest forthe breach ofinjunctionin cases ofdomestic violence; to amend section^ 1(2) of the Matrimonial
Homes Act 1967; to^ make^ provisionforvaryingrights
of occupation where^ both^ spouses have the same
rights in the matrimonial home;^ and for^ purposes
connected therewith. [26th^ October^ 1976]
BE IT ENACTED bythe^ Queen's^ mostExcellentMajesty, by and
with the advice and consent^ of the Lords Spiritual and
Temporal, and Commons,^ in this present Parliament
assembled, and bythe^ authority^ ofthe^ same,^ as^ follows:-
1.-41) Withoutprejudicetothejurisdictionofthe^ High^ Court,^ matrimonial
on an applicationby^ a^ party^ to^ a^ marriage^ a^ county^ court^ shall^ injunctions^ in
have jurisdiction to^ grant^ an^ injunction^ containing^ one^ ormore^
thecounty
ofthefollowing provisions, namely,-
court.
(a) a provision restraining^ the other party to the^ marriage
frommolestingthe applicant;
(b) a provision restraining^ the other party from^ molesting^ a child livingwith^ the^ applicant;
(c) a provision^ excluding^ the^ other^ party^ from^ the^ matri-
monialhomeor^ apartofthematrimonialhomeorfrom
a specified area in which the (^) matrimonial home is included;
2
Arrest for breach of injunction.
c. 50 Domestic (^) Violence andMatrimonialProceedings Act 1976
(d) aprovision requiringthe other party to permit the^ appli- cant to enter and remain in the matrimonialhome or a
partofthe matrimonialhome;
whether ornot any otherreliefis sought in the proceedings.
(2) Subsection (1) above shall apply to a^ man and^ a^ woman who are livingwith each other in the same household as^ husband
and wifeas itapplies tothepartiestoamarriageandanyreference
to the matrimonial home shall^ be^ construed^ accordingly.
2.-(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 livingwiththe applicant, or (c) excluding the other party from the matrimonialhome or from a specified area in which the matrimonial home is included, the judge may, ifhe is satisfied that the other party has caused actual bodily harmto the applicant or, as the case maybe, to the child concerned and^ considers^ that he is likely to do so again,
attach a power ofarrest to the injunction.
(2) References in subsection (1) above to the parties to a marriageinclude references toa man anda womanwho areliving with each other in the same household as husband and wife and any referencein thatsubsection to the matrimonialhomeshall be construed accordingly.
(3) If, by virtue ofsubsection (1) above, a power ofarrest is
attached to an injunction, a constable may arrestwithoutwarrant
a person whomhehas reasonablecausefor suspectingofbeing in
breach of such a provision of that injunction as falls within
paragraphs (a) to (c) of subsection (1) above by reason ofthat
person's use ofviolence or, as the case may be, ofhis 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 of
24 hours beginning at thetime ofhis arrest, and
(b) he shall not be released (^) within thatperiod except on (^) the
direction ofthejudge,
but nothing in this section shall (^) authorise his detention at any
time afterthe expiry ofthatperiod.
4 c. 50 Domestic Violence and MatrimonialProceedings Act'
Provided that ifany provisions ofthis Act are notin force on
lstApril 1977, the LordChancellor shall then make an^ order by
statutoryinstrument bringing such provisions into force.
(3) This Act shall not extend to Northern Ireland or Scotland.
PRINTED IN ENGLAND BY HAROLD^ GLOVER Controller ofHer^ Majesty'sStationeryOffice^ and^ Queen'sPrinter^ ofActsofParliament
LONDON: PUBLISHED BY HER MAJESTY'S STATIONERY OFFICE 12p net ISBN (^0 10 545076 ) (377163)
