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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70511
Experience:  Over 5 years in practice
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If an Injunction Order (issued to enforce the outcome of a

Customer Question

If an Injunction Order (issued to enforce the outcome of a civil action) carries the words 'If you do not obey this order you will be guilty of contempt of court and you may be sent to prison', does persistent and wilful violation of that order (involving physical damage to property) constitute criminal behaviour?
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

can you give more information please?

Customer: replied 11 months ago.
I am asking about a principle, not about the specific circumstances I have in mind. My question could therefore be put another way: is imprisonment exclusively dependent on criminal activity? (I imagine so.) If so, does not the wording of the injunction (as given) clearly indicate that failure to obey the conditions of the injunction 'may' in principle constitute a criminal act?
Expert:  Jo C. replied 10 months ago.

Sorry, I did reply to this. I don't know why it didn't upload.

A contempt of court is criminal act.

Criminal behaviour is much more likely to lead to custody.

However, a contempt of court does lead to custody. There are often other ways of marking the disapproval of the court for non compliance of the order.

Can I clarify anything for you?

Jo