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What can happen if the respondent does not keep to the terms of the order?
It is a criminal offence to disobey a court order without a reasonable excuse. It is therefore possible for you to make a complaint to the police if the respondent breaches the terms of the order. Although it is a criminal offence to disobey a court order, it is helpful for the police if the order itself contains a term that gives them the power to arrest someone if they break the order. You will need to show the police a copy of the order or refer the police to their own records where the order should be registered once it is served. Once assured that a criminal offence has occurred, or that they have the power to arrest under the terms of the order, the police can make an arrest.
It is also civil contempt to disobey an order of the Queen's Bench court for which legal action may be taken by you.
If your husband or partner is not obeying a term of the order requiring the payment of money, this is dealt with by the Maintenance Enforcement Program and not by criminal or civil procedures.
July 2003
see also:
- National: Family Violence
Other Family-Related FAQs:
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