What Are Court Orders?

Heading icon

A Court Order is a mechanism used by the Courts to administer justice. The Court may impose certain orders when deciding your case. There are several types of Court Orders.

Court Order Type Description
Bail Orders A Court Order enabling an accused person to be released from imprisonment whilst their case is being heard. There are specific conditions which can include reporting and conduct obligations.
Intervention Orders Intervention Orders can be ordered by the Court to protect an individual the Court considers to be at risk. For example, intervention orders can include Family Violence Orders or Personal Safety Intervention orders. They involve restricting contact or behaviour of a specific person or people.
Community Corrections Orders A community corrections order can require you to do certain things instead of serving a term of imprisonment. For example, the order may require you to attend certain programs, report to a community corrections centre, or impose a curfew between certain times (e.g. remaining at home between 9pm and 6am).
Orders to Pay Fines The Court can order you to pay certain amounts, either in instalments or in full (but you must be allowed time to pay the fine).

Note: Suspended Sentence orders have been abolished in Victoria for offences after 1 September 2014.

Do I Have to Comply with Court Orders?

Heading icon

Yes, you are required to comply with the conditions of your Court Order. Failing to comply with conditions of your order may be considered a ‘breach of a court order’ or in more serious cases ‘contempt of court’.

In relation to Bail, Intervention Orders and Community Corrections Order, you may be charged with an offence for breaching the order.

The Court imposing the order must ensure you consent to any orders and that you understand the obligations imposed.

What Are the Penalties for Breaching a Court Order?

Heading icon

The penalties will vary according to the type and content of court order and the individual circumstances of your case. If the Court believes you have breached a Court Order, you may be required to appear in Court to determine new penalties for your original offence.

  • Bail Order

    It is an offence to breach a condition of Bail, without a reasonable excuse. The Court may decide to cancel your Bail if the conditions are breached. If you fail to meet the conditions of your Bail, you could also face additional penalties, including being charged with an offence that has a maximum penalty of 3 months imprisonment. Failing to appear in Court whilst on Bail, without reasonable excuse, is a separate offence and carries a maximum penalty of 12 months imprisonment.

  • Community Corrections Order

    Breaching a Community Corrections Order can lead to the offence of ‘contravention of a community correction order’ and carries a maximum penalty of 3 months imprisonment. The Court may decide to re-sentence you in relation to the original offences for which the order was imposed.

  • Intervention Order

    Breaching an Intervention order can lead to the offence of ‘contravention of a family violence (or personal safety) intervention order’, and can carry a maximum penalty of 2 years imprisonment or 5 years for a Persistent or Aggravated Breach.

  • Order to Pay Fines

    Failure to comply with an order to pay a fine can result in the court ordering a warrant for your arrest in order to appear. If you do not pay your fine, it may be converted to Community Work or even a period of imprisonment.

24 hour service available

First 30 min Consultation FREE

Victoria Legal Aid assistance available (eligibility dependant upon means & merit guidelines stipulated by Victoria Legal Aid)

Contempt of Court

Heading icon

Whilst the Court has the power to impose a ‘contempt of court’ charge, it is generally used in only the most serious cases. The Court will generally look to order penalties under for breach of a court order, as outlined above.  However, if you have been charged with Contempt of Court, the elements to be established for this offence are:

  1. An order was made against you by the Court;
  2. The terms of that order were ‘clear, unambiguous and capable of compliance’;
  3. The order was served upon you;
  4. You had knowledge of such order; and
  5. You breached the terms of the Court order.

There is no maximum penalty for a contempt of court offence, but penalties can include fines or a term of imprisonment.

Defences for Breaching Court Orders

Heading icon

There are various elements that must be proven if you are accused of breaching your Court Order. For example, you are required to consent to any order imposed by the Court. You can defend your charge if you did not consent to the terms or were unaware of the terms of your court order. You can also argue that you had a reasonable excuse to breach the court order. It is also a defence to argue on a factual basis that you did not breach the court order terms. Another defence is that you held an honest and reasonable belief that you did not breach the Court Order. Therefore, it is important to seek legal advice if you have been charged with breaching a court order (or contempt of court) as soon as practicable to that a suitable defence can be raised for your individual circumstances.

Talk to a Professional Today

Heading icon

Leanne Warren is an accredited criminal law expert specialising in offences of breaching court orders.

Service enquiry

Testimonials

Heading icon
Quote icon

"I am extremely happy with the outcome of court it couldn’t have gone any better and It’s all thanks to you and Angela. I cannot express my gratitude enough for what you have done for me and my situation. I also cannot express how much I appreciate everything.

I will forever be grateful for your support and help throughout this whole thing. So again thank you so much! Could you please pass on the message to Angela and tell her how much I appreciate her help as well !"
Tom

"Neil and I would both like to acknowledge the exceptional manner in which you have dealt with our challenging situation. Iva has been terrific to deal with and very patient in difficult circumstances. We are pleased with the outcome today and both feel she did a great job on our behalf.

We would not hesitate to recommend your company to anyone and wish you success and prosperity in the future."
Jenny

Dear Leanne,

As per our discussion this afternoon, I am willing to accept the prosecutors offer of dropping all charges against me. Please pass on my thanks to Matt for his involvement in this matter, and of course a big thanks to yourself also. I’d give you guys a hug if I could for the professionalism and care that you show in your practice.
All the best to you and your team,
Ben

"Just wanted to thank you again for today. I’m still in awe at how well it went down today and so quickly all without you barely speaking. My daughter was so happy to see me home when she got home from school. You are a true gem. I am truly grateful, you were the only one who showed me an ounce of interest in my hour of need.

Thank you, thank you thank you. With a performance like today you are going very far in your career!"
Serena

It’s just started to sink in, what happened at court today and I would like to thank you again for your understanding and support. You made it all much easier J. I am driving back home to work my butt off so I can start my life again.

Matt

Just wanted to thank you for all the work you have done for my case, charges dropped, good result etc. I really appreciate all you have done for me over the years, so thank you.

Craig

Get the Help You Need

Heading icon
If you have been accused of breaching court orders, please contact one of our specialists at Leanne Warren & Associates on 03 9670 6066 or schedule a FREE 30 min. consultation by clicking on the button below.