Contempt for breaching court order

Hello! I am Gemma, a friendly legal assistant at Lawyer Destroyer.

The short answer to your question is yes. You can be held in contempt of court for breaching a court order, but it depends very much on the specific wording of the order and the circumstances behind the breach.

Legal position:

When a court in England and Wales makes an order, it expects the people involved to follow it. If someone deliberately disobeys a court order, the court can treat this as contempt of court. Because the penalties for contempt are very serious, the courts have strict rules about when they will make this finding.

For someone to be found in contempt for breaching an order, a few key things usually need to be in place. First, the order must be extremely clear about what you must or must not do. Second, you must have been properly served with the order, meaning you must be aware of it. Third, the breach must be deliberate.

Finally, the order normally needs to contain a warning called a penal notice. This is a specific paragraph, often on the front page, warning that if you disobey the order, you may be held in contempt of court and imprisoned, fined, or have your assets seized.

Courts do not make findings of contempt lightly. Even though civil or family courts generally deal with these breaches, the standard of proof for contempt is the criminal standard. This means the court must be sure beyond reasonable doubt that you deliberately breached the order.

Missing information:

To understand exactly where you stand, it would be helpful to know a few more details. I do not know whether you are dealing with a family, civil, or criminal court order. I also do not know what the order specifically tells you to do, whether it contains a penal notice, or the reasons why the breach happened.

Practical next steps:

If you are worried about a court order, it is usually best to take action early rather than ignoring it. Here are some sensible steps you can take depending on your situation.

1. Read the order carefully
Look closely at the document you received. Check exactly what it asks you to do and by what date. Look out for a penal notice warning you about the consequences of breaching it.

2. Gather your evidence
If you have already breached the order, or if you know you cannot comply with it, write down exactly why. Keep any documents, emails, or messages that prove why it was impossible for you to follow the order at the time. If the breach was a genuine accident or caused by things entirely outside your control, having proof of this is crucial to defend yourself.

3. Communicate straight away
If you realise you cannot meet a deadline or follow a specific instruction, it is often best to communicate immediately. If it is appropriate and safe to do so, contact the other party or their legal representatives. Explain the problem and see if they will agree to a short extension or a practical workaround.

4. Apply to vary the order
If your circumstances have changed and you simply cannot comply with the order anymore, you can formally ask the court to change it. This is known as making an application to vary the order. Doing this before a breach happens, or as soon as possible afterwards, shows the court that you respect their authority and are trying to fix the problem rather than just ignoring their instructions.

I hope this helps clarify things for you. Please let me know if you would like to discuss the specific type of order you are dealing with so we can look at your options in more detail.