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The Domestic Violence, Crime and Victims Act 2004 introduced a number of new powers (and amendments to existing ones) to strengthen the victim's case when brought to the attention of the criminal justice system.

Two provisions that impact on civil remedies and criminal sanctions have been introduced from 1 July 2007. These are:

 

• Section 1: making breach of a non-molestation order a criminal offence. Breach will be punishable by up to five years' imprisonment on indictment.
• Section 4: making couples who have never cohabited or been married eligible for non-molestation and occupation orders.

The remaining provision, section 12 has been postponed:

• Section 12: enabling courts to impose restraining orders when sentencing for any offence and giving any person mentioned in a restraining order the right to make representations in court if an application is made to vary or terminate the order.

In practice these provisions mean the following:

Breaches of a non-molestation order will automatically be a criminal offence that will go through the criminal court.  This will mean that the decision to prosecute will no longer be taken by the survivor but by the CPS.