If you are suffering from Domestic Violence and have Children now the time is to move in and take charge of your own life and protect your Children from any forthcoming abuse.
Do this before there is a section 47 Investigation by the Police and Social Services to prevent your children from being taken into Care.
I know this Procedure like the back of my hand as I personally had to go and seek to get an injunction several years ago.
If you have evidence of Donestic violence . as in Police reports get copies of these by putting in a SAR Data Protection Request into the Police.
Basic Data Access fee of £10 is required.
It is important to note down all incident or crime numbers.
You can usually go to the Court early am. get to the Court Office early as they close around pm.
You need to take all evidence with you as in Police reports.Social Service reports as in any Adult Safeguarding Adults reports that you may have received.get photocopies of 3 lots of the same photocopies, as you will need to do 3 separate bundles, one for the Court, one for your Ex Partner and one for yourself.
The Court Office will give you the forms.to fill in there
There will be 3 lots of the same forms to fill in .
One is kept for the Court .another copy for yourself and the other copy is for your Ex Partner.
All the bundle is taken off you, and you are given the other 2 back, or one kept for the Court Bailif .
But you keep a copy for yourself and one for your Ex Partner..
If you are acting as Litigant in Person it is usually a Court enforcement Officer or Bailif that usually serves the Injunction onto the Respondent.
You can usually see a Judge on the same day that you serve the documents to the Court.
So it is vital that you get to Court at least 9.30am.
Get a Friend to go along with you or possibly an Advocate from Womansaid or Mensaid.
The hearing will be ex Parti meaning that you are putting in the Application alone without your Ex Partner being there.
The Court Usher will call you into Court.
This is usually a small room with a large tablev and a few chairs.
The Judge will not be wearing a wig or anything like that.
The Judge will look at all the evidence and make a decicision .
With regards to Domestic Violence the order usually goes in favour of the Applicant.
A Court Bailif will then hand deliver the injunction to your Ex Partner.
Who is told to read through the order .which states that they are not allowed to contact you in any shape or form.
If you are living at a new address the injunction will also contain details of that address where you Ex Partner will not be able to go any way near.
A order can be made for a short term .
And your Ex Partner and Yourself will be given a date when you will need to return to Court.
At this time you can ask the Judge to look into your Application for an Occupation Order of the house that you may be jointly renting with your Ex Partner.or buying, with your Ex Partner.
The forms for an Occupation Order of the property can be filled in and submitted at the same time as you put the Application in for the Non Molestation Order..but you will need to contact the Land registry for information prior to go to Court, that is if you are buying the house in Joint Names.
If you have suffered from Domestic Violence and have police evidence it costs you nothing for the filing of this Restraining order or injunction .
If the Judge orders the Occupation Order in support of yourself the Ex Partner will be given 24 hours to leave the property .
The Occupation Order is usually given for a Year.
It is necessary that you contact the Police and get them to document that you have the non molestation order with the power of arrest and the Occupation order.
You will need to go back to Court before the date of the restraining and the Occupation order prior to the ending date.
ttps://formfinder.hmctsformfinder.justice.gov.uk/fl401-eng.pdf
Do this before there is a section 47 Investigation by the Police and Social Services to prevent your children from being taken into Care.
I know this Procedure like the back of my hand as I personally had to go and seek to get an injunction several years ago.
If you have evidence of Donestic violence . as in Police reports get copies of these by putting in a SAR Data Protection Request into the Police.
Basic Data Access fee of £10 is required.
It is important to note down all incident or crime numbers.
You can usually go to the Court early am. get to the Court Office early as they close around pm.
You need to take all evidence with you as in Police reports.Social Service reports as in any Adult Safeguarding Adults reports that you may have received.get photocopies of 3 lots of the same photocopies, as you will need to do 3 separate bundles, one for the Court, one for your Ex Partner and one for yourself.
The Court Office will give you the forms.to fill in there
There will be 3 lots of the same forms to fill in .
One is kept for the Court .another copy for yourself and the other copy is for your Ex Partner.
All the bundle is taken off you, and you are given the other 2 back, or one kept for the Court Bailif .
But you keep a copy for yourself and one for your Ex Partner..
If you are acting as Litigant in Person it is usually a Court enforcement Officer or Bailif that usually serves the Injunction onto the Respondent.
You can usually see a Judge on the same day that you serve the documents to the Court.
So it is vital that you get to Court at least 9.30am.
Get a Friend to go along with you or possibly an Advocate from Womansaid or Mensaid.
The hearing will be ex Parti meaning that you are putting in the Application alone without your Ex Partner being there.
The Court Usher will call you into Court.
This is usually a small room with a large tablev and a few chairs.
The Judge will not be wearing a wig or anything like that.
The Judge will look at all the evidence and make a decicision .
With regards to Domestic Violence the order usually goes in favour of the Applicant.
A Court Bailif will then hand deliver the injunction to your Ex Partner.
Who is told to read through the order .which states that they are not allowed to contact you in any shape or form.
If you are living at a new address the injunction will also contain details of that address where you Ex Partner will not be able to go any way near.
A order can be made for a short term .
And your Ex Partner and Yourself will be given a date when you will need to return to Court.
At this time you can ask the Judge to look into your Application for an Occupation Order of the house that you may be jointly renting with your Ex Partner.or buying, with your Ex Partner.
The forms for an Occupation Order of the property can be filled in and submitted at the same time as you put the Application in for the Non Molestation Order..but you will need to contact the Land registry for information prior to go to Court, that is if you are buying the house in Joint Names.
If you have suffered from Domestic Violence and have police evidence it costs you nothing for the filing of this Restraining order or injunction .
If the Judge orders the Occupation Order in support of yourself the Ex Partner will be given 24 hours to leave the property .
The Occupation Order is usually given for a Year.
It is necessary that you contact the Police and get them to document that you have the non molestation order with the power of arrest and the Occupation order.
You will need to go back to Court before the date of the restraining and the Occupation order prior to the ending date.
ttps://formfinder.hmctsformfinder.justice.gov.uk/fl401-eng.pdf
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