Commentary on Sections Section 63J Arrest under warrant
52.Subsections (1) and (2) provide that, where there is no power of arrest attached to an order, the person being protected by the order, the person who applied for the original order or any other third party with the leave of the court may apply to the court for a warrant of arrest to be issued, if they consider that a person has failed to comply with the order or is otherwise in contempt of court. This provision is modelled on section 47(8) and (9) of the FLA, but goes wider as the warrant may be issued against a person who is not a respondent to the original proceedings.
53.Subsection (3) provides that the court must issue a warrant only where the application has been sworn on oath and the judge has reasonable grounds for believing that the person concerned has failed to comply with the order or is otherwise in contempt of court.