Domestic Abuse

If you feel you have been a victim of domestic abuse we always encourage you to report your concerns to the police. If you feel you require protection from a perpetrator of domestic abuse we can apply for Non-Molestation Order to protect you.

Domestic Abuse can include all kinds of physical, psychological, sexual, financial and emotional abuse. Applications for a Non-Molestation Order can be made between people who or, or were, in a relationship with each other, or whom are family members over the age of 16. The law allows those subject to domestic violence to apply for Injunctions to protect themselves. A Non-Molestation Order is used to prevent somebody (the Respondent) from acting in a threatening way towards another person (the Applicant).

For the Court to consider any application, a statement and application must be prepared. The statement must evidence the behaviour complained of and demonstrate why there is a need for protection hence the need to outline the previous incidents which have occurred. We need to show the Court that an Order is needed to control the behaviour of the Respondent.

The Court would consider the documentation and see the Applicant and any representative at a hearing usually, on an urgent basis. If the Court grant an Order, this is drawn up by the Court and a Process Server is then instructed to serve the Court documents personally upon the Respondent. It is extremely important to note that an Order will only become effective once the same has been served upon the Respondent.

Typically, a Non-Molestation Order is made for either six or 12 months. However, it is possible to apply for further Orders. If a Respondent breaches a Non-Molestation Order it becomes a criminal offence and is punishable with up to five years imprisonment or as a contempt of Court.

We will help every step of the way in the process to get you and any child of the family the protection you need.

The majority of cases for a non-molestation order would qualify for legal aid and we will take you through that full assessment without delay.

Typically, if we have to make an application for a non-molestation order and you have to pay for this privately, this will cost in the region of £800 to £1,000 plus VAT. This will also include a disbursement for a process server to serve the relevant paperwork on the Respondent. This fee will take you up to what we call a ‘return date hearing’. If there are any further court hearings after that, the work will continue to be charged at an hourly rate and we will update you as to costs and potential costs going forward before incurring such fees.

We will however endeavour to obtain Legal Aid for you in relation to an application for a non-molestation order, if possible. We shall advise you as and where appropriate of any increase in costs which is likely to occur because of the number of hearings or the issues that have been raised by your opponent. This will also lead to a variation in the number of hours of work to be undertaken, however we will keep you updated.