Enforcement of protection orders

112 Offence to breach protection order (or related property order)

(1)

A person commits an offence if the person breaches a protection order by—

(a)

doing any act in contravention of the protection order; or

(b)

failing to comply with any condition of the protection order; or

(c)

contravening, or failing to comply with any term and condition of, a related occupation order (for example, by failing to leave the dwellinghouse to which the order relates); or

(d)

contravening a related tenancy order (for example, by failing to leave the dwellinghouse to which the order relates); or

(e)

contravening, or failing to comply with any term and condition of, a related ancillary furniture order (for example, by preventing possession and use of all or any items to which the order relates); or

(f)

contravening, or failing to comply with any term and condition of, a related furniture order (for example, by preventing possession and use of all or any items to which the order relates).

(2)

It is a defence in a prosecution for an offence under subsection (1) if the defendant proves that the defendant had a reasonable excuse for breaching the protection order.

(3)

Every person who is convicted of an offence against this section is liable to imprisonment for a term not exceeding 3 years.

(4)

A failure to comply with a direction made under section 188 is not a breach of a protection order under subsection (1)(b).

Compare: 1995 No 86 s 49