The Legal Term for a breach of orders is ‘contravening’.
A person will contravene a Court Order if they:
If you are accusing someone of a contravention, you must:
If you have contravened a Court Order, a Court can accept an excuse and waive penalties if it is a ‘reasonable excuse’. This might be when the Party who contravened the Order:
If the excuse is not accepted by the Court, then the Party that is found in ‘Contravention’ of the Order will face a penalty. This will depend upon the type of breach and the circumstances of the case.
The Court will consider:
The Court can order the Contravening Party to:
The Court also has the power to:
IMPORTANT: For the imposition of more serious penalties (such as major fines, a bond, community service or imprisonment), the Court may want to be satisfied ‘beyond reasonable doubt’ that the contravention occurred. This is a more difficult legal test than the ‘balance of probabilities’.