Legal costs halt thousands of domestic violence cases

[Alison J Stevens]

http://www.bbc.co.uk/news/uk-43660220#

FROM A PREVIOUS BLOG THAT I HAD WRITTEN SEVERAL MONTHS AGO.

http://parentsagainstinjustice.ning.com/profiles/blogs/silent-epide...

The very same is happening in the UK.

With the Governments new Policy on its way where they want to stop Victims getting their rent paid by LA while staying in  Domestic Violence Refuges.

The former will see these refuges being closed, hence no where for Victims to go, thus risking going back home, to be possible murdered by their abuser.

Also with the stance of no Legal Aid AVAILABLE FOR PRIVATE LAW CASES, this also leaves Victims in jeopardy of going back to the marital home, back to their abuser, putting the Children and the victim at risk as well.

Victims are unaware of their Rights, as they can go to Court, fill the Court papers in for a non molestation restraining order,and an occupation order, and see the Judge ex parti on the same day.

Victims do have to supply their evidence, ie as in Police Reports, domestic violence evidence, and do not have to pay for these Court Applications, obviously no good in a sheer emergency, as the Victims may not be able to get such evidence in a dire emergency situation.

Some Victims are also staying the situation, if they own their own home, and have no money to pay out for legal proceedings as in divorce.

With regards to Occupation Orders, Victims usually have to go back to Court for another hearing with their abuser being there as well, and totally not able to do this in a really emergency situation.

With the Non Molestation Order, these can be made with the power of arrest on them, if the perpetrator breaches the order.

With regards to the Occupation order, the abuser is forced out of the matrimonial home, which allows the Victim and any Children to live there, the abuser faces arrest if him or her goes any where near the home.

The Orders should be taken to the Police Station to be registered, so the Police are made aware.

https://www.theguardian.com/law/2017/oct/18/domestic-violence-victi...

Many Domestic Violence victims are being seriously let down by the Police.

In a lot of cases it is the abuser that is left in the marital home, Police seem to be forcing the victim out of their home, especially if there is Children present,.instead of removing the perpetrator .

Victims can go to Court early am, fill the Court forms in for a Non Molestation Order and an occupation order of the Family home.

I urge our Service users to submit as much evidence as they can on the day, and are advised to put a SAR request into the Police to get all the documentation and ABE transcriptions highlighting the evidence of Domestic violence.

The victim can get a hearing and see a Judge on the same day as submitting the Court forms and evidence.

This is EX Parti, meaning that the abuser knows nothing about the hearing and will not be there.

Such a shame that domestic violence victims are forced into refuges when they can in fact remain in their home, and the abuser is forced out by an occupation order is granted by the Judge ,and the abuser is forced to leave, and a non molestation restraining order with the power of arrest can also be enforced, preventing the abuser going anywhere near the victim , that also includes no phone calls or SMS texts

If you have evidence of DV, there is no cost by the Court to put the forms in and see a Judge within the same day.

There is no real Legal aid available with regards to these with regards to divorce, and sorting their property and finances out.

THE ONLY THING IS FOR THE VICTIM TO GET THEIR CHILDREN AND THEMSELVES OUT AND BE PLACED IN A REFUGE, waiting for the Council to rehouse them.

WOMANSAID are excellent and may offer the Services of a Mackenzie Friend in the first instance to go to the Court with the victim,and see the Judge on the same say and be granted the non molestation order.

With regards to the Occupation order of the marital home requires another Court hearing for both parties to be present in Court.

In Leicestershire the Police are failing domestic violence violence, and they are not being granted their domestic violence special Officer.

When these orders are granted it is always best to take a copy of the order to the Police to make sure that they are aware of the order being granted.

NOT FORGETTING THERE ARE MALE VICTIMS OF DOMESTIC VIOLENCE AS WELL.

BLOGS FROM A WHILE AGO.

HOW TO GET A NON MOLESTATION ORDER 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 future harm

HOW TO GET A NON MOLESTATION ORDER

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