Contravention of Court Orders
Contravention of Court Orders
A contravention of court orders happens when someone does not follow the orders set by the court.
“Contravention” is the legal term for “breach.”
When a court makes orders, whether these are consent orders or orders made after a case has been heard in court, the orders are enforceable by law and must be followed.
If someone has breached an order, it means that they have done one of the following:
Intentionally failed to comply with the order
Made no reasonable attempt to comply with the order
Intentionally prevented compliance with the order by a person who is bound by it
Aided or abetted a contravention of the order by a person who is bound by it
The only way the court can penalise someone for contravening an order is if the other person to whom the order applies files an application alleging a breach of order or non-compliance with the order.
What to Do When Court Orders are Not Followed
Get legal advice
Each case is judged according to its individual circumstances and outcomes vary, so it is very important to understand how the law applies to your specific situation.
File the following documents in court:
An application for contravention of court orders, a supporting affidavit, a certificate from a family dispute resolution practitioner, or an affidavit for non-filing of a family dispute resolution certificate, and a copy of the existing orders.
Swear and sign document
Witnessed by a Justice of the Peace, solicitor, or barrister. Supporting affidavit should detail the event of alleged contravention of orders.
Family Dispute Resolution Certificate
It aims to allow people to reach an agreement without going to court. Exceptions include cases involving family violence, child abuse, or urgent circumstances.
If unable to provide a family dispute resolution certificate, submit an affidavit explaining urgency or hindrances to the other party’s participation. Without the required certificate, the court cannot accept the application.
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What Happens After the Hearing of Contravention of Court Order?
The court will come to one of four conclusions after hearing the application alleging a contravention of court orders.
The court will find that:
The alleged contravention was not adequately proven
The contravention was proven but the respondent had a reasonable excuse
There was a less serious contravention without a reasonable excuse
There was a more serious contravention without a reasonable excuse
If the court determines the outcome of the case to be one of the last two, the person who breached the order may be penalised in one of several ways.
The types of penalties the court may impose vary in severity.
They include:
Changing, suspending or discharging the primary order
Ordering both parties to go to a post-separation parenting program
Requiring the person who contravened the order to enter into a bond
Ordering them to pay some or all of the applicant’s legal costs
Ordering them to pay compensation for expenses lost due to the order breach
Requiring them to partake in community service
Ordering the payment of a fine
Ordering a prison sentence
The court has the authority to make orders and decisions about the person who breached the orders without them being present in court.
The court may also adjourn to allow the applicant or the other party to apply for further orders.
How Family Lawyers Can Help
- Expert Legal Advice: We provide specialized legal advice on the complexities of contravention orders, ensuring you understand your rights and obligations.
- Case Preparation: We meticulously prepare your case, gathering necessary evidence and documentation to support your application effectively.
- Negotiation Skills: Skilled in negotiation, we can often resolve issues out of court, saving time and reducing stress.
- Court Representation: If court involvement is necessary, we offer experienced representation, advocating for your interests in a professional and effective manner.
- Guidance Through Process: We guide you through each step of the application process, offering clarity and support to make the journey as smooth as possible.