Domestic Abuse Questions
What do I have to do at court?
The initial hearing is likely to be short and straightforward and little will be required of you. Your representative from Adams Moore will meet you before the hearing and they may have a short conversation with your ex-partner, if he attends. When you go before the Judge, the Judge will already have read your affidavit and the application form and will know what orders you are seeking. If the Judge requires any clarification or further information, the Judge will ask your representative, who may in turn ask you for clarification. It is unlikely that you will have to speak at the first hearing.
How long will I have to be at court?
A. This can vary depending on whether a hearing has been listed or whether you are attending on an emergency basis. If you are attending court on an emergency basis then you will not have an appointment and you will appear before a Judge as soon as a Judge becomes available to hear your case. The timing could vary from 1-3 hours so it is important to allow some time when you attend court.
Even if a hearing time is listed, often several hearings are listed at the same time and courts can be very busy, so it is possible that you will be waiting at court for several hours.
My husband has never hit me, but always swears at me and makes me feel worthless, especially in front of friends and family. What can I do?
You do not need to suffer physical violence to obtain protection from the court. Your representative from Adams Moore will discuss your options with you fully, but if it is appropriate, your husband can be sent a warning letter stressing that the way he is behaving is inappropriate and must stop. Alternatively it may be appropriate to apply to court for an order for your protection even if your husband has not been physically violent.
My husband and I had an argument and he left the family home. I don't want him back. The tenancy is in both names. What can I do?
It is usual for the order to last between 6 and 12 months. If you require the order to last longer we can make an application to the court for the order to be extended.
I do no have any money of my own. My husband has always been the breadwinner. Do I need to pay? We have just separated and I have not yet made an application for any state benefits.
It is likely that you will be eligible for Legal Aid and you will not have to pay. We can make an application to the Legal Services Commission on your behalf and your husband’s income would not be taken into account.
