Crisp & Co understand that it can be difficult to seek legal advice when you are suffering from domestic violence or abuse in your home. We have a specialist team who deal with the issues raised by domestic violence in order to stop the abuse as soon as possible. If you are being threatened or abused in any way you need help right away to obtain an injunction from the court to stop the violence.
In addition to legal advice, we have links with many support networks within the Surrey area who can provide you with practical assistance.
Your Questions Answered.
Who can the courts make an injunction against?
When there has been an incident of domestic violence or harassment the court can make an injunction order against any of the following:-
- Your husband or wife
- Your former husband or wife
- The partner with whom you live
- A former partner with whom you have co-habited
- A person who has lived in the same household as you (other than as an employee or tenant lodger)
- The parent of your child
- A person you are or have been engaged to
- A person who is a relative, defined by Section 63 of the Family Law Act 1996 (we can advise you fully in this regard)
What is an injunction - how can it help me?
There are two types of domestic violence injunction:-
- Non-Molestation Injunction
A non-molestation injunction prohibits a person from using violence or threatening violence, harassing, pestering or molesting another person. - Occupation Order
An occupation order excludes a person who has committed an act of domestic violence from occupying a home or coming within a stated radius of that home or the person on whom the domestic violence was perpetrated on.
How do you get an injunction?
An application is made to the court supported by a sworn statement , which sets out the background to the application. If the case is urgent, you can obtain an emergency appointment with a District Judge who will is able to make a short term order, without notice first being given to the other person. Otherwise the court will make an appointment with notice being given to both you and the person you have complained of, at the hearing the Court will make, if it believes it appropriate, either an injunction, occupation order or may accept an ‘undertaking’ ( a solemn promise) from the perpetrator.
How long does the injunction last?
A non molestation injunction may be made for a specified period of time or until a further order is made by the court.
An occupation order’s duration will differ depending on the status of the parties, ie. Whether they are married, co habitees or relatives. An order against a former husband, wife or cohabitant can only be made for a maximum of 6 months, although this can be extended for a further specified period not exceeding 6 months.
What happens if the person subject to the injunction breaches the it?
If the court is satisfied that actual bodily harm has occured, a power of arrest must be attached to the injunction, which means that the police can arrest, without a warrant, the subject of the order, if they have reasonable cause to suspect the order had been breached and will then bring the person before the court within 24 hours. If the matter is not resolved at that hearing, the person can be remanded in custody or released on bail.
How much is it all going to cost?
Unfortunately there is no straightforward answer to this question. The costs will be determined by the issues in your particular case. The typical cost for an injunction is usually £1,000.00 - £2,500.00.
Our costs are determined on an hourly rate, which you will be advised of at your first appointment at Crisp & Co.
We can also put you in touch with financial agencies who may be able to help you.
We provide all our clients with a cost estimate in writing at the outset of their case and are committed to keeping clients fully updated in this regard.
I am really worried about the costs, because I have no income or a very limited income.
At Crisp & Co we are committed to the belief that everyone should have access to good legal advice, regardless of their financial circumstances. For this reason we are one of the very few practices who still offer legal aid to our clients. Whether you will qualify for legal aid can be determined by us at your first appointment. Legal Aid is not free and must be repaid to the government from any financial settlement you receive as a result of the work we do on your behalf.
We can also put you in touch with financial agencies who may be able to help you.
What Should I do Next?
Get in contact with us at Crisp & Co. We have two offices one in Guildford, Surrey and the other in Esher, Surrey to book an appointment.
Is there anything I need to bring with me to my first appointment with Crisp & CO?
We will need you to bring with you the following papers and documents:-
- Your passport or photo identity driving licence plus another proof of identity with your name and address, such as a recent utility bill.
- If you are married, your marriage certificate if it is available.
- Any letters or documents that have been sent to you by your husband or wife’s solicitors.
What information will I need to give you at my first appointment?
We will need to know the following information from you:-
- Your marital status, the date of your marriage and the date of any separation
- The full names and dates of birth of your children
- Your nationality and country of residence
- The nationality of your husband/wife and their country of residence
- Details of your income and that of any other member of your household
- Details of property, assets, investments and pensions held either in your own name or in the joint names of yourself and your husband/wife
- Details of any mortgages or other liabilities in either your own name or in the joint names of you and your husband/wife
- Do not worry if you cannot provide all the information listed above at the first appointment, any missing information can always be obtained at a later date. However, the more information you can provide us with the quicker we will be able to advise you in respect of your particular situation.
