Domestic Violence

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)

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.

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.

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.

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.

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.

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.

Get in contact with us at Crisp & Co to book an appointment. We have offices in Guildford and Kingston upon Thames.

• Contact Us

We will need you to bring with you the following papers and documents:-

• 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

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.