Popular keywords

When to enforce an order

You may enforce an order by the Protection from Harassment Court (PHC) if both of these conditions apply:

Condition

Examples

You filed the application and an order was given in your favour

  • A protection order or false statement order was made against the other party.
  • The other party was ordered to pay you money.

The other party does not comply with the order

  • (For a protection order) The other party is still harassing you.
  • (For an order for monetary compensation) The other party did not pay the full sum of money by the due date.
  • (For a stop publication order relating to a false statement) The other party continued to publish the false statement after the specified time.

How to enforce an order

How you may enforce an order depends on the type of order you received.

Type of order

Possible enforcement method

Protection order

Failure to comply with a protection order is a form of contempt of court. You may apply for an order of committal (for matters commenced before 1 April 2022) or a committal order (for matters commenced on or after 1 April 2022) to start contempt of court proceedings. 

You may also file a police report or Magistrate's Complaint. This is because failure to comply with a protection order is a criminal offence that is generally punishable by one or more of the following:

  • A fine not exceeding $5,000
  • An imprisonment term not exceeding 6 months.

False statement order

Failure to comply with a false statement order is a form of contempt of court. You may apply for an order of committal (for matters commenced before 1 April 2022) or a committal order (for matters commenced on or after 1 April 2022) to start contempt of court proceedings.

Order for monetary compensation

Refer to Enforce a civil order or judgment.

  • For matters commenced before 1 April 2022, click here.
  • For matters commenced on or after 1 April 2022, click here.

Note: Enforcing an order does not guarantee an outcome. You should weigh the pros and cons before proceeding. You may seek independent legal advice as the courts are not able to provide legal advice.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Legislation associated with this topic includes:
2021/07/23

Share this page:
Facebook
Twitter
Email
Print