Applying for a protection order
To apply for either or both of these orders you need to fill in a simple application form and also prepare an affidavit in support of your application. An affidavit is simply a sworn statement and your solicitor will guide you through this process. Typically the Court lists an initial hearing regarding your matter in a few days. We must tell your partner about our application to give them an opportunity to attend Court. We do this by using a Process Server who takes your affidavit and the application form to your partner and hands it to them. This must be done two days before the hearing, although if there is concern about your immediate safety then we may ask the Court to make this time shorter. If your case is very serious then we may decide to apply for an Order without telling your partner. This is called an ex-parte order and your solicitor will advise you if this applies to you. If you obtain an ex-parte order, there will need to be a further hearing a few days later to give your partner the opportunity to attend Court.
Attending court can be extremely frightening, particularly for sufferers of Domestic Abuse, but the first hearing will be very short and is likely to take place in chambers. Chambers are where District Judges sit and do not look like the sort of Court rooms you see on television, but are simply rooms with a table and chairs. We understand that it can be frightening to attend Court and the prospect of facing your abuser makes this particularly traumatic. Your solicitor will give you support and guidance throughout, but if you are too frightened by the thought of facing your partner to even make the application, then we can apply to the magistrates' court, where there are facilities such as screens and you may be able to give evidence by video.
Your partner may decide not to attend the hearing and if he does not then the Judge will make the Order to protect you, if he feels that it is necessary for your health, safety and well being. This will be based on the content of your affidavit. If your partner attends the hearing, then he may deny the allegations made against him. If this is the case then the Judge will probably make the Order, but will list your case for a longer hearing. This hearing could be for half a day or more and both you and your partner will need to give evidence. You will almost certainly be represented by a barrister, who is specially trained to conduct Court trials and we will prepare further evidence for your case before this hearing. It is unusual for Non-Molestation applications to go to trial, but if this happens to your case then we will try to make this as painless for you as we can.
If the Court makes a Non-Molestation Order or an Occupation Order then it is not in force until it is served on your partner. This means that our Process Server must hand the papers to your partner. We will contact you once this has taken place.
Enforcing these Orders
If your partner does something to breach the Non-Molestation Order then this is a criminal offence and you should contact the Police. The Crown Prosecution Service will then decide whether to charge your partner; although if it is the first breach and no violence is used your partner is unlikely to receive a custodial sentence. If the breach is very serious then your partner could go to prison for up to 5 years. If the Police do not take any action regarding a breach of a Non-Molestation Order, then please contact us as we can apply to enforce the Order in the County Court.
Opposing these Orders
If an application for a Non-Molestation Order is made against you, then we can also assist you if you oppose the making of this order. Please contact us to discuss this further if this applies to you.
Undertakings
In some circumstances, your partner may offer to make an undertaking rather than have an order made against him. An undertaking is a solemn promise made to the Court and if it is breached you can go to prison for up to 2 years. The difference between an Order and an undertaking is that breach of an undertaking is not in itself a criminal offence (although the behaviour may amount to a criminal offence) and undertakings are not enforced by the Police. It might be appropriate to accept an undertaking if you have suffered pestering or harassment from your partner, although it is important to consider whether you will be sufficiently protected by this measure.
Legal aid
There is no upper limit in how much you earn or how much money you have to be eligible for legal aid, although if you are on a high income then you may be expected to make a large contribution to your legal aid costs. Please see more information regarding legal aid here.
Out of hours services
We also understand that domestic abuse does not only occur in office hours and for this reason our telephone lines are open 24 hours a day to help you, although in an emergency you should dial 999 for assistance.
