“Civil Law & Criminal Law: Crossover Explained?”

Updated:Mar 25

When Civil Law Becomes Criminal: The Legal Power of Court OrdersWhen Civil Law Becomes Criminal: The Legal Power of Court Orders

Op-Ed by Jason King for VPNOp-Ed by Jason King for VPN

In the UK, the legal boundary between civil and criminal law is not always as clear-cut as people assume. A court order issued in acivil casecivil casecan, if breached, result incriminal penaltiescriminal penalties.

This is enshrined in theContempt of Court Act 1981 (Statutory Law):Contempt of Court Act 1981 (Statutory Law):

• Section 14 (1) of the Contempt of Court Act 1981 states that a court has the power toimpose imprisonmentimpose imprisonmentfor contempt, confirming itscriminal nature.criminal nature.

This is because such orders carry the full authority of the courts and are legally binding, meaning that disobedience is not just an act of defiance but, in many cases, acriminal offencecriminal offence.

This crossover is particularly evident in cases involvinginjunctions and restraining ordersinjunctions and restraining orders, where an individual is ordered to stay away from another person. While such orders are often issued in civil proceedings,breaching them can lead to arrest, prosecution, and even imprisonmentbreaching them can lead to arrest, prosecution, and even imprisonment.

From Civil Order to Criminal OffenceFrom Civil Order to Criminal Offence

To illustrate how a civil case can lead to criminal consequences, consider a typical scenario:

A woman subjected to stalking applies to the court for aninjunctioninjunctionto prevent the stalker from contacting her or approaching her home. This injunction, granted under theProtection from Harassment Act 1997Protection from Harassment Act 1997, is a civil court order. At this stage, the legal process iscivilcivil—the order does not, by itself, involve any criminal punishment.

However, if the stalkerignores the orderignores the orderand turns up at the victim’s home, the legal landscape changes.This is no longer a simple civil dispute.This is no longer a simple civil dispute.The breach of the injunction is acriminal offencecriminal offence, and the perpetrator can be arrested and prosecuted. This is because the courts treat non-compliance ascontempt of courtcontempt of court, which is punishable by imprisonment.

The Legal Mechanism Behind the CrossoverThe Legal Mechanism Behind the Crossover

This transition from civil to criminal law happens because UK courts have theinherent power to enforce their own rulingsinherent power to enforce their own rulings. A civil order is not just a request—it is a command backed by the force of law. Disobedience is treated as an attack on the integrity of the legal system, which is why contempt of court is, in itself, acriminally punishable actcriminally punishable act.

In the case of restraining orders, the law takes an even more direct route. Under theProtection from Harassment Act 1997Protection from Harassment Act 1997, a breach of a court-imposed restraining order isautomatically a criminal offenceautomatically a criminal offence, meaning that police can arrest the offender immediately, and prosecution will take place in acriminal courtcriminal court. Sentencing in such cases is severe, often leading toprison timeprison time.

Why Breaching a Court Order is a Criminal ActWhy Breaching a Court Order is a Criminal Act

At its core, the reason breaching a civil court order becomes a criminal matter is simple:it defies the rule of lawit defies the rule of law. The justice system cannot function if individuals are free to ignore legally binding judgments. When someone disregards a court’s order, they are not just harming another person—they are challenging the authority of the court itself.

This is why courts have the power toimpose criminal sanctionimpose criminal sanctions on those who break their orders. Whether through contempt of court proceedings or the specific criminal offence of breaching a restraining order,the law treats such violations as serious crimesthe law treats such violations as serious crimes, ensuring that justice is upheld.

The Consequences of Ignoring a Civil OrderThe Consequences of Ignoring a Civil Order

For those who believe that a civil case carries no criminal weight, the reality is starkly different.Breaching a court order can result in a criminal record, fines, and imprisonmentBreaching a court order can result in a criminal record, fines, and imprisonment—outcomes far more severe than any civil penalty.

The law draws no distinction between someone who disregards a court order in a business dispute and someone who ignores an injunction protecting a victim of harassment. In both cases, the courts will act decisively topunish non-compliancepunish non-complianceanduphold the administration of justiceuphold the administration of justice.

Conclusion: The Courts Mean BusinessConclusion: The Courts Mean Business

Court orders are notoptional suggestionsoptional suggestions—they are legally binding directives that carry the full force of the law. Those who ignore them do so at their peril. The moment a personwilfully defieswilfully defiesa civil order, theyenter the realm of criminal lawenter the realm of criminal law, where penalties are swift and severe.

For anyone on the receiving end of a restraining order or an injunction, the message is clear:comply, orcomply, orface the consequences.face the consequences.

Well, that’s all for now. But until our next article, please stay tuned, stay informed, but most of all stay safe, and I’ll see you then.Well, that’s all for now. But until our next article, please stay tuned, stay informed, but most of all stay safe, and I’ll see you then.

Jason KingJason King

Birmingham City-DeskBirmingham City-Desk

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Jasonkingnews@gmail.comJasonkingnews@gmail.comJasonkingnews@gmail.com