• Overview
• FAQS
• • Can an injunction help me?
  • How quickly can I get an Injunction?
  • What if the last incident was not that recent?
  • Do I have to go to Court and see my abuser?
  • Will I have to face the abuser at Court alone?
  • What happens after I make an appointment?
  • I’ve been served with an injunction and I have to go to Court.
  • How much will it cost?
• Contact FLC

Domestic Violence: FAQs

Can an injunction help me?

In the majority of situations the answer is yes, it really can. An injunction is a powerful Court Order (Non-Molestation Order) that prohibits an abuser from using or threatening violence against you, harassing, pestering or intimidating you. If the order is breached, the police can then arrest that person immediately. They are particularly useful when, having responded to your 999 phone call, the police find little evidence that warrants the arrest for a criminal offence. Sadly, the police’s hands can be tied by the high burden of proof of the criminal law that often prevents them from being able to remove the abuser right then. An injunction allows for this arrest to take place much easier however, so you have the confidence and peace of mind to know the legal system is on your side. Reports also suggest that the mere existence of an injunction can have a dramatic effect on the abuser’s behaviour. For the first time, an abuser will see that ‘other people’ are involved and there will be serious consequences if the abuse continues. This new time and space can then give you the confidence to take control of the situation again and rebuild your life, abuse free.

How quickly can I get an Injunction?

Although we will not pressurise you or judge any decision you make to defer taking action, we would be doing you a disservice if we did not point out the possible legal implications this may have. In legal terms, time is an issue. To make an emergency application to obtain an injunction order within 24-48 hours (that is without any initial notice to the abuser, known as ‘ex parte’) there will usually need to be a recent use or threat of violence (generally within the last 7 to 14 days), such that you are at risk of significant harm if you don’t get an emergency injunction. It is therefore important to act promptly, and of course, the sooner you do, the sooner you will have legal protection.

What if the last incident was not that recent?

It may be that this is due to you having been in hospital, or the abuser having been in prison or held in custody and released with bail conditions following an arrest. These circumstances would not necessarily prevent an injunction being obtained, even on an emergency basis in some cases, for example where bail conditions are inadequate or potentially due to imminently expire, such as where the abuser is not convicted of a criminal offence and is released, or is convicted but does not receive a custodial sentence. However, it may be more appropriate for a ‘warning letter’ to be sent, telling the abuser that any further abuse will result in an injunction being sought. If you are worried that this would result in the abuser seeking to attack you, an emergency application may be required. It is really important for us to discuss the circumstances of your case with you, so that we can advise on the most suitable course of action to protect you.

Do I have to go to Court and see my abuser?

Yes, but you won’t be alone (see below). Even if you obtain an emergency injunction without notice to the other party, the Court will set a hearing date a week or two later at which you and they will need to attend. This is to allow him or her to put their version of events forward to the Judge and decide whether they wish to defend the application. If they do, the Court will list a hearing at which you will both need to give evidence. In the meantime, the Court will often continue the injunction until the hearing, just to make sure you are safe, but it has to hold the hearing if the other party wants it, in the interests of fairness.

Will I have to face the abuser at Court alone?

No. We can accompany you to any hearings and, if you wish, meet you elsewhere beforehand so that you do not have to walk into or away from the Court building on your own. If necessary, arrangements can be made with Court security for us to enter and leave by a back entrance. Arrangements can be made with the Court for the use of separate conference rooms to minimise the time you will need to see your abuser, which will generally only be for a short time in the Judge’s office or Court room. In very serious cases, it may be possible to deal with your hearing without you coming into the Court room or by way of video link.

What happens after I make an appointment?

We offer a free, no obligation and completely confidential initial consultation, either face to face or by telephone if you prefer. When you come to see us, we will listen to you and discuss your needs and concerns. We will then look together at ways we can keep you and any children safe. We will not pressure you to act in any way in which you believe would make you unsafe, but we will advise you of your options. We can provide you with details of support services and, if appropriate, assist you with an application to the Court for an injunction.

I’ve been served with an injunction and I have to go to Court.

Whilst domestic violence is a real issue with real suffering, it is sadly the case that false allegations are occasionally made. If you have been falsely accused of abuse or domestic violence, then FLC can advise whether or not you could successfully defend the injunction Order. If you have been served with an injunction, do not ignore it. Remember, breach of an injunction is now a criminal offence and an injunction obtained on false information should not be left undefended, as the consequences of a breach can be very serious, including a fine and/or imprisonment.

How much will it cost?

If many cases, writing a warning letter to the other party threatening them with the issue of proceedings can resolve the issue between you, this may be the appropriate first stage of your matter and we call this our Initial Advice and warning letter.

If however, this is not effective/appropriate then you may have to issue proceedings. Sometimes, having issued proceedings, your matter will conclude at the first hearing although sometimes matters remain contested.

If the injunction application remains contested, then further fees will apply as set out in our fixed fees page.