Applying for an Injunction
Some victims of domestic violence may qualify for legal aid. I do not participate in the legal aid scheme and am, therefore, only able to act for you if you instruct me and the barrister on a private basis.
In general, in domestic violence injunctions, when two court hearings are required, depending on whether it is easy to serve the other person with the court documents, it is likely to cost between £5,000 and £6,000.
If you instruct me to apply to the court for an injunction on your behalf the first step is that I shall need to draft your application and the supporting statement.
There are two ways in which you can apply for an injunction – with or without notice. A without notice application is one which is made without your husband/partner knowing about it. Such applications can only be made where there is a real and immediate danger of serious injury or irreparable harm. If there does not appear to be such a threat in your case, it is inappropriate to apply without notice. If so it would be better to apply on notice.
If your application is granted, the injunction will forbid your husband/partner, from:
(a) using or threatening violence against you.
(b) intimidating, harassing or pestering you.
This type of order is known as a non-molestation order.
If applicable, an application would also be made for an order requiring your husband/partner, to vacate your property. This is known as an occupation order.
When deciding whether to make an order requiring your husband/partner, to vacate your property, the court will consider various factors:
The court will have regard to all the circumstances including:
1. the housing needs and housing resources of each of you and of any children;
2. your respective financial resources;
3. the likely effect of any order, or of any decision by the court not to exercise its powers, on the health, safety or wellbeing of each of you and of any children; and
4. the conduct of each of you in relation to each other and otherwise.
If such an order were made in your favour it could be for a specified period, until the occurrence of a specified event or until another order is made by the court. If it is for a specified period, then it is often for six months.
If such an order were made in your favour, it would be for a period of six months on a renewable basis, if you are or have been married, but only for six months and one further six month period if you are or have been cohabiting.
After you have signed the statement and the application form, I would make arrangements for your application to be issued at the court. The court will advise me of the hearing date. It will then be necessary for me to arrange for the application and statement to be personally delivered to your husband/partner. He/she, must have two clear days’ notice of your application.
Once the application is issued. I would let you know when you are required to attend court and the name of the barrister who will represent you.
Please phone if you think you need to apply for an injunction.
Again I am not able to offer legal aid.