England & Wales · 2004
Domestic Violence, Crime and Victims Act 2004
Protects: Victims of domestic abuse and children/vulnerable adults who die in a household.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Summary
Made breach of a non-molestation order a criminal offence (amending the Family Law Act 1996), extended restraining orders to convictions for any offence and on acquittal, and created the offence of causing or allowing the death (later extended to serious physical harm) of a child or vulnerable adult.
Key provisions
s.1 — Breach of NMO criminal
Inserted s.42A FLA 1996 making breach of a non-molestation order a criminal offence up to 5 years.
s.5 — Causing/allowing death or serious harm
Household members who knew or ought to have known of a significant risk of serious harm and failed to protect can be liable. Extended to serious physical harm by the DV Crime & Victims (Amendment) Act 2012.
s.12 — Restraining orders
Extended Protection from Harassment Act 1997 restraining orders to any conviction, and to acquittals (s.5A).
What this Act affects
The specific protective court orders and decision points this Act creates or feeds — with the exact statutory section.
- Breach of NMO criminalised →
s.1 (inserts s.42A FLA 1996)Made breach of a non-molestation order a standalone criminal offence — up to 5 years.
Causing/allowing death or serious harm of child or vulnerable adult
s.5 (extended by DVCV(A)A 2012)Decision point: household members who knew/ought to have known of significant risk and failed to protect can be liable — relevant where DA perpetrator harms child and other adult present.
- Restraining order extension →
s.12 (inserts s.5/5A PHA 1997)Restraining orders extended to any conviction and on acquittal.