Breach of court orders
Understanding the risks and consequences of a breach
A breach of Court orders, including bonds, can have serious consequences, even if the breach was unintentional.
Where there’s a breach of a suspended sentence bond, an intervention order or a good behaviour bond, the penalties can include imprisonment, significant fines and enforcement orders.
The impact on your life and loved ones can be significant, especially if you’re also facing other criminal charges. But understanding your obligations under a Court order or bond can be a significant help in reducing the risk of a breach.
If the breach has already occurred, seek our legal advice as soon as possible to understand your rights, obligations and options.
Frequently asked questions about breach of Court orders
What is an intervention order?
Intervention orders were previously known as restraining orders.
In South Australia, intervention orders are used to limit the behaviour or activity of a person (the defendant) towards another person (the protected person or applicant). For example, they can stop the defendant from doing certain things to the protected person, such as:
- Assaulting
- Threatening
- Harassing
- or intimidating them.
Intervention orders can also limit the defendant from contacting the protected person, for example:
- By phone or email
- Visiting them at home
- Visiting them at work.
Intervention orders can also deal with other issues.
Get in touch to learn how a breach of Court orders may affect you.
What happens if I breach an intervention order?
If a police officer reasonably suspects that you have breached (or contravened) a term of your intervention order, they may arrest you.
Breaching an intervention order is a criminal offence. Penalties include up to three years’ imprisonment for a basic offence or five years for an aggravated (serious) offence.
The maximum penalties may be higher if:
- There was physical violence or a threat of physical violence, or
- There has been more than one breach in a five-year period.
These more serious breaches carry penalties of up to 7 years’ imprisonment for a basic offence or 10 years for an aggravated offence.
Ultimately, the penalty will depend on the nature and severity of the breach. If you’re facing for breaching a Court order, seek our legal advice as soon as possible.
Get in touch to learn how a breach of Court orders may affect you.
What is a good behaviour bond?
A Court may decide to order a good behaviour bond instead of imprisonment in some circumstances. The bond means you can be released into the community on certain conditions.
Examples of conditions include:
- You are supervised by a community corrections officer
- You don’t take drugs
- You don’t consume alcohol,
- You perform community service work
- You undergo certain treatments
- You agree to pay a certain amount of money if you breach the bond (this is called a “guarantee”).
A good behaviour bond would require you to promise to be on good behaviour for a specific period that the Court determines (usually between six months and three years).
Good behaviour bonds can be ordered either where:
- The Court has imposed a sentence of imprisonment that is suspended (or paused) upon the defendant entering into a good behaviour bond, or
- The defendant has been discharged without further penalty upon entering into a good behaviour bond.
Good behaviour bonds can’t be ordered in cases where the charges involve serious crimes, such as murder.
What are the consequences of breaching a good behaviour bond?
If a Court finds you guilty of an offence, it may release you on the condition that you enter into a good behaviour bond. Releasing means the Court finalises the charges without imposing a further penalty or conviction. If you don’t commit any further offences during the bond period, that is the end. However, if you breach the bond, then you can be re-sentenced for the offence.
In addition, if you are suspected of breaching a condition of your good behaviour bond, you can be charged with breaching the bond. If the breach is proved, the Court can make a range of orders depending on the terms of the bond. Examples include:
- Requiring you to pay money
- Ordering payment of the money you agreed to pay if you breached the bond
- Allowing further time for you to comply with the conditions of the good behaviour bond (for example, to complete community service work)
- Extending the bond period (if the breach is minor).
What is a suspended sentence?
A suspended sentence is a prison sentence that the Court has paused.
If the Court imposes a sentence of imprisonment, it may sometimes decide there is a good reason to suspend the sentence. Examples include your age, ill health, previous good character, or if there are other “good reasons”.
It may suspend the sentence on the condition that you enter into a good behaviour bond (sometimes called a suspended sentence bond).
This means that instead of going to prison, you would be allowed to live in the community, provided you meet the conditions of your bond.
Will I go to prison if I breach my suspended sentence bond?
If you are put on a suspended sentence bond, you must meet the conditions for the whole term of the bond. When the bond expires, the prison sentence completely ends.
However, if you breach the suspended sentence bond, you may be ordered to serve the rest of the sentence in prison.
There are circumstances in which the Court may excuse breaches, including where they are trivial or where there are other proper grounds to excuse them.
If you have breached your suspended sentence bond, contact us as soon as possible.
How we can help
Breaching Court orders and bonds can have serious consequences.
If you’re facing breach proceedings, don’t navigate the process alone.
As experienced criminal lawyers, we have significantly improved outcomes for many clients who would otherwise have faced imprisonment.
Contact us to find out how we can help you.