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Contravention

Family Law, Divorce Lawyer, Property Settlement, Child Custody, Defacto Law

A contravention is a breach of a Court Order. Persons affected by Court Orders are required to follow the Court Orders. A contravention is when someone does not follow an Order by which they are bound.

In family law matters sometimes a party will not follow a Court Order and the other party wishes to ensure that action is taken either to compel the person to follow the Court Orders; penalise the person for not following the Court Orders; discourage the person from further contravention.

After considering all of the facts of the case and applying the law in a contravention case, a Court may decide:

• the alleged contravention was not established;
• the contravention was established but there was a reasonable excuse;
• there was a less serious contravention without reasonable excuse, or
• there was a more serious contravention without reasonable excuse.

It is very important that legal advice is sought before filing an application for contravention. It is also very important to obtain advice if you are named in an Application asking that you be dealt with for contravening a Court Order. Doolan Wagner & Callaghan Family Lawyers are very experienced in contravention proceedings and can assist you in discussing the particular breach(s) and the Courts likely approach when dealing with such a matter. We can assist you by ensuring that an appropriate application and affidavit is prepared.

If the Court determines there has been a contravention without a reasonable excuse, the following may occur:

• Changes are made to the Orders;
• The Court ensures that the Orders are followed;
• The person is put on notice;
• The person is fined
• The person faces imprisonment

If you would like our assistance in relation to a contravention, please telephone us or book an appointment to see one of our experienced family Lawyers.