Domestic Violence Injunctions

Applying for non molestation Injunction no longer requires a court fee.

Ismail and Co are specialists in the area of applying for non molestation injunctions.We can attend at very short notice in emergency applications if you qualify for legal aid. We can assess if you qualify for legal aid by telephone and we would ask that you do provide your proof of means in court when we attend to apply for your Injunction.  Although sometimes it may feel that it is a frightening step to take an Injunction in most cases it does provide much needed relief to a person who is or has been in an abusive relationship. The application for an Injunction no longer requires a fee and this is helpful for those who do not qualify for legal aid.  Non molestation Injunctions are usually granted with a power of arrest which makes it possible for the police to arrest immediately on a breach. They may also be granted without the Respondent being notified that the Injunction was applied for (this is called ex parte application) but they would only last for around a week or so when a date would be given for him / her to attend court and give his or her side of the story. At this stage Undertakings to the Court may be given which does not have a power of arrest attached to it but it will still be possible for a committal appcliation to be made if the Respondentt is in breach of the Undertaking. Alternatively the Judge may decide that the Applicant requires more protection and finalises the Order for a year. This means that the Order will be in place for a year with the protection of the power of arrest attached.

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