If a court has made a decision and you do not comply with the orders made, the other person (who opposed you in court) can take action to have the decision enforced.
Where a court makes an order for payment of compensation or for costs and this has not been paid, enforcement proceedings can be started in the civil jurisdiction of that court.The creditor (person to whom the money is payable), can request the court that made the order to prepare a certificate of conviction. The certificate must then be registered as a judgment of the court, allowing civil enforcement to commence.
A person seeking to enforce a criminal order for compensation or costs is not required to pay fees for the civil enforcement process.
The most common options for enforcing a court judgment for an amount of money include a:
Garnishee order: this is an order to a bank or employer to deduct money from the bank account or wages for the amount owing.Examination notice: this is used to gather information about the financial circumstances of the person that owes the money.Writ of execution or writ for levy of property: This directs the sheriff to take and sell property of the person that owes the money. There are additional costs added to the amount owing when the sheriff takes action on a writ of execution.
For more information see
Enforcing writs for levy of property or property seizure orders.
If anyone fails to obey or breaches an Apprehended Violence Order (AVO), it must be reported to the police. The person can be arrested by the police for breaching the order and may be required to attend court to answer a charge of contravening an AVO.If you are a protected person in AVO proceedings, it is a good idea to keep a record of any incident that occurs, which will help police in their investigation and any subsequent prosecution.If you are a victim of domestic violence and need support, see the
Women's Domestic Violence Court Assistance Schemes.
LawAccess NSW for free legal information. Telephone 1300 888 529
The information on this site is a guide only and is not legal advice - see disclaimer.