Jabbal v Jabbal [2014] EWFC B189 (14 August 2014)

Jabbal v Jabbal [2014] EWFC B189 (14 August 2014)

Given the respondent's repeated breaches of the occupation order, prior warnings, and the need to secure compliance with court orders, a custodial sentence is justified but may be suspended in the circumstances.

Source-derived case information.

Citation
[2014] EWFC B189
Parties
Applicant: Jabbal; Respondent: Jabbal
Jurisdiction
England and Wales
Judgment Date
14 August 2014
Procedural Posture
Family Law Committal Proceedings / Sentencing After Admitted Breach of Occupation Order
Outcome
Suspended committal to prison for breach of occupation order
Legal Topics
Occupation Orders, Non Molestation Orders, Committal for Contempt, Domestic Violence
Family Law Contempt of Court Occupation Orders Non Molestation Orders Committal for Contempt Domestic Violence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jabbal

Applicant

Jabbal

Respondent

Procedural Posture

Family Law Committal Proceedings / Sentencing After Admitted Breach of Occupation Order

Legal Issues

  1. 1 Whether the respondent should be committed to prison for breach of an occupation order
  2. 2 Appropriate sentence for breach of a family court order

Ratio Decidendi

Given the respondent's repeated breaches of the occupation order, prior warnings, and the need to secure compliance with court orders, a custodial sentence is justified but may be suspended in the circumstances.

Court Disposition

Suspended committal to prison for breach of occupation order

Orders

  • 28 days' custody suspended for one year on condition of no further breach of paragraph 4 of the occupation order