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Non Molestation Injunctions

This is an Injunction that a person (the Applicant) can take against someone with whom they have had a relationship either present or in the past. These types of injunction forbid the perpetrator (the Respondent) from making any contact whatsoever with the Applicant. They cannot make contact personally or through another person. It includes texting and any other kind of contact via social media. If an Applicant takes out a non molestation injunction it means that the Respondent cannot contact them at all and most importantly if the Respondent breaches the Order by making contact the Police have the power to arrest the Respondent immediately. Without an Injunction this would not be the case. Non molestation injunctions usually last 12 months. They provide invaluable relief for Applicants who are suffering unwanted harassment from Respondents. The harassment does not necessarily need be violent or physical as often times abuse and harassment is not entirely physical but aggressive behaviour verging on physical or just constant mental harassment and degradation or financial control.

Occupation Orders

Occupation Orders can be applied for by Applicants if they wish to exclude a person who is living with them and who has a right to stay in the property. As it is not possible to change locks on anybody with whom you are living and who has a legal right to live in the property one of the ways in which you can exclude them from the Property is by way of an Occupation Order. Occupation Orders have to be supported by evidence as to why the Respondent should be excluded and has to be evidenced in a way that the legal requirements are met before an occupation order can be made. Occupation orders are never usually made immediately and without notice to the Respondent as the Respondent will have the opportunity to come to court and give his or her side of the story. However the power to remove the Respondent from the premises is available if the conditions are met and provides relief for the Applicant.

Transfer of Tenancies

This is an application which can be made to transfer a joint tenancy into a sole tenancy or when there is a sole tenancy in the Respondent’s name which can be transferred into the Applicant’s name. These applications are usually made where the Applicant is or has suffered domestic violence and has separated from the Respondent and wishes to remove his or her name from the tenancy agreement.

Landlord and Tenant

We usually act for tenants and we can cover a very wide range of landlord and tenant issues. These can range from possession proceedings based on rent arrears, , local authority possessions & evictions due to anti social behaviour, homeless applications and vulnerability. We can also consider issues of disrepair but due to the legal aid changes we will be unable to act for you under Legal Aid on most disrepair matters as the disrepair has to be extremely serious and life threatening. It will also not be possible to act for you to obtain financial damages for issues of disrepair as this will not be possible under Legal Aid.

Evictions

Where an eviction notice has been served it usually means that several weeks have passed where a possession order has have already been obtained and a bailiff has been instructed. At this late stage we can examine if the legal process has been correctly followed and assist with a stay of eviction if there are legal grounds to do so. Having no where else to live in itself is not necessarily a legal ground.

Local Authority Housing

Where you are a tenant of a local authority or housing association and facing eviction or in the midst of a homeless application or temporary housing we can assist if you are refused housing or refused a duty of care by the local authority. We can examine your individual situation and see if there are any legal grounds to challenge the rejection decision of a local authority. Where a judicial review is necessary we will not be able to easily conduct any judicial review cases as the funding for judicial review cases against decisions by local authorities have been so restricted to the extent that applying for legal aid in this area of law will in most cases mean a rejection. Therefore in most cases we will be unable to act for anyone who wishes to challenge the decision of a local authority in homelessness cases by way of Judicial review.

Also for similar reasons we cannot deal with Allocations, that is, where you are unhappy with the current accommodation you have been given by the local authority because you feel it is unsuitable for you as legal help is no longer available for us to carry work out of this kind.

Police Station Interviews

We deal with ALL common law offences; from the most minor to the most serious offence and we can attend on any police station interviews. The majority of criminal investigations commence with detention at the police station and anyone detained for an alleged criminal offence has the right to free and independent legal advice, whatever your financial circumstances. Ismail and Co is available for a 24 hour service to those in police custody which is free of charge.

If you or someone you know is being held out of normal office hours, waste no time in calling our emergency crime number to alert us as early as possible on 0771 353 2173.

Magistrates and Crown Courts

If the Crown Prosecution Service decides to charge the defendant it may go to court and if the defendant denies the charge the burden of proving the case rests with the Crown Prosecution Service who must satisfy the Magistrates or jury at Crown Court that they are sure of the defendant’s guilt.

Cases that are too serious to be dealt with in the Magistrates Court are transferred to the Crown Court. Depending on what you have been charged with, you may have been given a choice as to where your trial is to take place, in the Magistrates Court or the Crown Court.

We also work with a large network of independent barristers Country wide whom we do instruct in certain cases.

We can provide free advice and representation under the Legal Aid scheme at the police station and in Court. If you are not eligible for Legal Aid at court, we also offer competitive private rates.

We can assist you on a very wide range of Family and children matters however with the restrictions in Legal aid we can only do so if there is evidence of violence or abuse in your relationship within the last 5 years. Such evidence must be provided to us before we can assist you under legal aid. Such evidence may take the form of a non molestation inunction, Bail conditions etc. There is a wide spectrum of evidence that is possible to show as being evidence of domestic violence and if none of these are available a letter from your GP or support worker which covers the requirements by the Legal Aid Agency will be necessary. You will need to consult us as to what evidence you have and which evidence will be acceptable as there are sometimes changes in the requirements and we cannot list each and every type of evidence. However it is important to note that the evidence of domestic violence is not always restricted to physical violence and evidence of other forms of abuse may be accepted.

Divorce

We can assist you on your divorce matter on legal help if you have evidence to show domestic violence over the last 5 years. If this is not the case then we can provide you with a quote for the work to be done on a private basis.

Financial Relief Proceedings

In some cases where there has been evidence of domestic violence over the last 5 years we may be able to assist you on your financial relief application during your divorce proceedings. This can be in the form of protection of your matrimonial right of occupation by registering a notice of home Rights on the matrimonial home. We can also seek an Order for a property adjustment order and other aspects of financial settlement on a divorce. We always advise clients that in cases such as this legal aid is not free as the legal aid statutory charge will apply to any property recovered or preserved as a result of the legal proceedings that has been funded by legal aid and in some cases this will mean a registration of a charge on your property by the Legal Aid Agency which attracts interest at 8%. If you do not qualify for legal aid or do not wish to apply for legal aid then we can act for you on a private fixed fee basis.

Prohibited Steps Orders (PSO)

These are orders that you can take if you believe that the Respondent will take your child or children away from you out of the country. Again evidence of domestic abuse will be required if you wish to apply for legal aid to apply for a PSO. Applying for a PSO on a private basis is also possible and evidence of abuse will not be required we can assist you on a fixed fee basis.

Residence / Contact Orders

We can apply or respond to contact orders regarding where your child or children should live and who should be the main care. We can also assist in matters regarding contact. Again evidence of domestic abuse will be needed if you wish to apply for legal aid. if this is not possible we can assist you on a fixed fee basis

Recovery Orders / Specific steps Orders

These Orders can be obtained if the child has been unlawfully removed from your care. These types of Orders are commonly taken out if a parent after a contact visit has refused to hand back the child.

Care Proceedings

We can assist you in any matter involving your child being taken into care or if the social services has threatened to take your child into care.

If you do not qualify for legal aid we can provide you with a quote for a fixed fee to carry out the work in your behalf. We will endeavour to remain as competitive as possible however in addition to our costs there are a number of essential disbursements that will need to be considered in addition to our fees. For example:-counsel’s fees, court fees, process servers, and experts if required

We can accept payments by card and arrange an instalment plan for you for any fixed fee work that we agree to carry out for you.

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