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Why You Should Always Abstain From Breaching A Court Order?

Why You Should Always Abstain From Breaching A Court Order?

Breach of a court order can be serious and result in legal consequences. Typically, a court order binds you with certain conditions that you need to fulfil. Breaching a court order means that you have not obeyed the conditions imposed upon you in the court order. There could be a various types of penalties for breaching a court order depending on the nature and extent of the breach.

Court orders can be issued at any stage of the criminal proceeding. Violating a court order means you have committed contempt of court. Under section 127 (1) of the Criminal Code of Canada, disobeying a court order could result in fine and imprisonment for a maximum of 2 years in addition to the penalty that is already imposed on you for the crime for which you being charged.

Under criminal law, some common instances of breaches occur when:

  • You have been released on a probation order and you against the terms and conditions of that probation order
  • Similarly, you have been released on basis of parole or peace bond and you do not abide by the conditions of such orders
  • Being released on bail and failing to adhere to the conditions of bail order court could result in cancelling your bail.
  • Oftentimes, if you fail to appear on the set date without any cogent reason, that would be considered a breach of court order as well.

Breaching a court order escalates your chances of being imprisoned and you could once again criminal charges, fines, extension of court orders, and so forth. Therefore, one must follow the court order otherwise it makes you appear less trustworthy and unpredictable.

Breaching of a court order does not mean that you lose the right of defense. In the event of a breach of a court order, the court sees whether there is any reasonable excuse behind the breach. If there is any legitimate justification from the accused, the court then accommodates their requests.

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If you require any assistance with any criminal claim, get in touch with the lawyers at Ayaz Mehdi Professional Corporation.

Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!

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