Being accused of failing to follow a court order can be stressful and confusing. You might not even be sure what went wrong or why you’re facing these charges. Court orders are serious, and not following them can lead to fines, criminal charges, or even jail time.
Many people face these issues because of misunderstandings, miscommunications, or unexpected events. The important thing is to stay calm and take the right steps quickly.
In this blog, we’ll explain what it means to breach a court order, what consequences you might face, and how to respond. We’ll also cover how a skilled criminal defence lawyer can help protect your rights and guide you through the legal process.
Court Orders In Canada: What You Need To Know
A court order is a directive issued by a judge that mandates certain actions, often related to criminal or family law cases. These orders are legally binding and enforceable.
They can range from simple directives such as attending scheduled court dates, to more complex instructions like paying restitution or complying with probation terms.
In Canada, failing to comply with a court order is considered a serious offence under the Criminal Code of Canada. Section 127 makes it an offence to disobey any lawful order made by a court.
If you’re accused of violating such an order, you may face criminal charges or contempt of court charges depending on the nature of the violation.
Types Of Court Orders And Possible Breaches
Court orders can fall under several categories, and different types carry different legal obligations. These may include:
- Probation Orders: These are often issued as part of a sentencing arrangement and require individuals to adhere to specific terms such as attending counselling or refraining from contact with certain people.
- Family Court Orders: These orders are often related to child custody, access arrangements, and support payments. Non-compliance with these orders can result in contempt of court charges.
- Restraining Orders: Issued to protect individuals from harassment or harm, violating a restraining order can lead to severe penalties.
- Court Appearances: Failing to appear in court when ordered to do so such as at a bail hearing or trial, is another form of non-compliance.
Legal Consequences Of Failing To Comply With A Court Order
Failing to comply with a court order can lead to severe consequences. The exact nature of the penalty will depend on the type of order and the nature of the breach, but common outcomes include:
Criminal Charges And Sentencing
In cases where the breach involves a Criminal Code offence (such as violating probation or breaking a bail condition), the individual may face criminal charges. The penalty can vary but may include fines, additional probation periods, or even jail time.
Under Section 127 of the Criminal Code of Canada, the consequences for disobeying a court order can be serious, with a maximum penalty of imprisonment for up to two years.
Contempt Of Court
If you fail to comply with a court order, the judge may hold you in contempt of court. This is often the case in family law matters or when a court order requires an individual to take or refrain from certain actions (such as paying child support). Being found in contempt can result in fines, additional penalties, or even jail time, depending on the circumstances.
Warrants For Arrest
If you fail to appear in court as ordered, the judge may issue a warrant for your arrest. This can lead to immediate detention and potentially more severe consequences in the long run.
Revocation Of Probation
For those on probation, failing to comply with probation orders can result in the revocation of the probation and a return to prison. Violations could include failing to report to a probation officer, missing appointments, or breaking other conditions set by the court.
What Should You Do If Accused Of Failing To Comply With A Court Order?
If you’ve been accused of failing to comply with a court order, it’s essential to act quickly and follow the right steps to protect your rights. Here are some important actions to take:
1. Consult A Criminal Defence Lawyer
The first and most important step is to consult with a criminal defence lawyer who specializes in court order breaches. They can assess your case, review the specifics of the alleged violation, and determine the best strategy for defending you.
2. Understand The Allegation
Your lawyer will help you understand the nature of the accusation and whether it’s based on a misunderstanding or a genuine violation. It’s important to examine the court order thoroughly and determine whether you were in full compliance or whether there is a valid reason for the breach.
3. Gather Evidence Of Compliance
If you believe the accusation is false or that you had a valid reason for failing to comply with the order, gather any evidence to support your position. This could include medical records, employment documents, or witness statements proving that you were unable to comply.
4. Appeal The Charge Or Penalty
If you have been found guilty of breaching a court order, your lawyer may help you appeal the decision or seek a reduced sentence. This could involve proving that you made an honest mistake or were unable to comply due to circumstances beyond your control.
5. Attend Court Proceedings
Make sure you attend any subsequent court hearings regarding the breach of the court order. Failure to appear can result in additional charges or penalties. It’s essential to show the court that you are taking the accusation seriously and are committed to resolving the matter.
6. Consider Remedial Actions
If you fail to comply with the order, your criminal defence lawyer might suggest remedial actions to show the court that you are willing to correct the mistake. This could include making payments you failed to make, attending court-ordered counselling, or complying with other conditions that were previously ignored.
Hire An Expert Criminal Defence Lawyer
At Slaferek Law, we are dedicated to providing expert criminal defence services in Edmonton. With over 20 years of experience, Darin H. Slaferek offers committed and reliable legal representation for clients facing a variety of criminal charges.
We specialize in sexual assault, domestic assault, and other criminal defence cases, offering personalized legal strategies designed to achieve the best possible outcomes.
If you are facing criminal charges or need assistance with court orders, don’t hesitate to get in touch with us.
