# Domestic Violence, Crime and Victims Act 2004, Paragraph 37


(1) Section 46 of that Act (undertakings) is amended as follows.
(2) In subsection (3), after “under subsection (1)” insert “ instead of making an occupation order ”.
(3) After that subsection insert—
“(3A) 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) In subsection (4), for “it were an order of the court” substitute “ the court had made an occupation order or a non-molestation order in terms corresponding to those of the undertaking ”.

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Source: https://www.legislation.gov.uk/ukpga/2004/28/schedule/10/paragraph/37 (the official version)
Page: https://openlegislation.uk/domestic-violence-crime-and-victims-act-2004/schedule-10/paragraph-37
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.