What happens if court orders are disobeyed?
If an occupation order with a Power of Arrest attached has been breached, you should tell the police and your solicitor immediately. The police have legal power to arrest the offender and take them to a police station without the need for any further court order. If an arrest is made, the person is brought before the court within 24 hours of the arrest. Your solicitor will need to be prepared to tell the court what happened. The court has the power to impose a sentence of imprisonment (immediate or suspended), or a fine.
If an occupation order with no Power of Arrest has been breached, the Police cannot act unless a criminal offence has been committed. However, your Solicitor can take the case back to court because the Court Order has been disobeyed. This may involve an application simply to extend the term of the injunction or it may be to apply to commit the person to prison for contempt of court.
These proceedings (‘committal proceedings’) for enforcement of the order or undertaking are held in open court (meaning anyone can attend the hearing) and the case must be proved ‘beyond reasonable doubt’. Instead of immediate imprisonment, the court can suspend the sentence on certain conditions, or impose a fine.
If a non-molestation order is breached there are 2 possibilities:
- The police have powers to arrest the offender and to prosecute the offender, provided the offender is aware of the existence of the order. This will be subject to the police and Crown Prosecution Service deciding it is in the public interest to prosecute. It is not your decision, although your wishes will be taken into account
- The police may decide not to prosecute, but you may decide to pursue the matter before the civil courts seeking a warrant for arrest and committal for contempt.
It is not possible for an offender to be punished for breach of a nonmolestation order by both a committal for contempt of court and a sentence upon criminal conviction.In theory both routes could be pursued but only one sanction can be levied against the offender.
It is possible (in theory) to have proceedings relating to a nonmolestation order running in the criminal court and proceedings relating to an occupation order running in the civil court.
It should be remembered too that if an occupation order or a non molestation order is breached, a separate criminal offence such as assault may also have been committed.
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