Representation of A (Breach of Injunctions) [2012] JRC 033 (13 February 2012)

Representation of A (Breach of Injunctions) [2012] JRC 033 (13 February 2012)

The defendant's admitted conduct on 3rd, 5th, 6th, and 7th February constituted clear breaches of explicit court orders, and the court did not accept the defendant's claim of misunderstanding. A two-week custodial sentence was imposed to reflect the seriousness of contempt and to deter further breaches.

Citation
[2012] JRC 033
Parties
Applicant: Representor; Respondent: Defendant (B)
Jurisdiction
Jersey
Judgment Date
13 February 2012
Procedural Posture
Contempt of Court / Family Law Injunctions / Sentencing After Admitted Breaches of Injunctions
Outcome
Defendant sentenced to 2 weeks' imprisonment for contempt of court.
Legal Topics
Non Molestation Injunctions, Non Communication Injunctions, Breach of Court Orders, Contact With Children
Family Law Contempt of Court Non Molestation Injunctions Non Communication Injunctions Breach of Court Orders Contact With Children

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Parties

Representor

Applicant

Defendant (B)

Respondent

Procedural Posture

Contempt of Court / Family Law Injunctions / Sentencing After Admitted Breaches of Injunctions

Legal Issues

  1. 1 Whether the defendant breached non-molestation and non-communication injunctions
  2. 2 Whether breaches were intentional or reckless
  3. 3 Appropriate penalty for contempt of court

Ratio Decidendi

The defendant's admitted conduct on 3rd, 5th, 6th, and 7th February constituted clear breaches of explicit court orders, and the court did not accept the defendant's claim of misunderstanding. A two-week custodial sentence was imposed to reflect the seriousness of contempt and to deter further breaches.

Court Disposition

Defendant sentenced to 2 weeks' imprisonment for contempt of court.

Orders

  • Defendant to serve 2 weeks' imprisonment for contempt.
  • Injunction amended to prohibit any communication with the plaintiff or children except pursuant to a court order for contact.