Courts Get New Restraining Powers

Those charged with any offence may now be served with a restraining order, even if they are not convicted of the offence, under new rules introduced on 30th September 2009. These arrangements are primarily aimed at protecting victims of domestic violence from those who are considered a threat and have been welcomed by the Criminal Justice Minister Paul Goggins. He said "These new rules will allow the courts to serve a restraining order for any offence even when someone has been acquitted." and went on to say "Government is fully committed in tackling domestic violence and these additional powers will greatly enhance the improved services and support for those victims who suffer at the hands of their abusers".

Those who breach a restraining order could face a maximum penalty of five years in prison. Previously restraining orders were only available when a defendant had been convicted of harassment or putting someone in fear of violence.

The new powers, introduced under the Domestic Violence Crime and Victims Act 2004, gives courts the power to impose restraining orders when sentencing for any offence or on acquittal, if it is considered necessary to protect the victim.