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DOMESTIC VIOLENCE & ABUSE
Are you suffering from physical, emotional, sexual or other
abuse within a relationship? Do you wish to know what protection
there may be available to prevent it from continuing in the future
within the legal system?
Members of the Family Department are highly experienced in dealing
with problems arising from often difficult circumstances. You may
find it extremely helpful to take legal advice regarding your own
situation, so you then are more aware of the choices available to
you.
FREQUENTLY ASKED QUESTIONS:-
1. What is an Injunction?
An Injunction is a Court Order preventing someone from or requiring
someone to do something. Commonly, in situations where there has
been domestic violence or abuse, this may be an Order that a person
does not use or threaten violence against you or otherwise cause
a nuisance to you, such as sending letters which cause distress
or making abusive telephone calls. It is also possible to get an
Order to exclude a person from the family home.
2. When might it be appropriate to apply for an Injunction
Order?
An Injunction is an emergency remedy and maybe sought in a wide
variety of circumstances, generally to ensure your safety and well-being
and that of any children. It may be appropriate to obtain an Injunction
after a one-off incident or after a long history of abuse or violence.
Before an Application to the Court is made for an Injunction it
may be helpful to send a letter of warning to the perpetrator of
the violence or abuse in the first instance. This may be sufficient
to stop the behaviour continuing without proceeding with an Application
for an Injunction Order.
If there has been an incident of violence or damage to property
or general harassment, the Police may be involved and already be
able to do something to provide protection or assistance to you.
In certain circumstances, the Police will issue a formal warning
against the person and if appropriate, other criminal charges may
also be brought.
3. How quickly can I get an Injunction?
This will depend on the urgency of providing protection for you.
It is possible to get a Court Order within 24 hours of any serious
incident and possibly without initially providing notice to the
person who has been abusive or violent. However, this may not always
be appropriate or desirable. If you wish to exclude a person from
your home, the Court will be reluctant to make an Order without
providing sufficient notice of your Application to the other person.
4. How will an Injunction Order protect me?
If the person breaches an Injunction Order they will be in contempt
of Court and they risk being sentenced to a term of imprisonment.
A Court will take a breach of an injunction very seriously.
If the Court is satisfied that there has been violence or a threat
of violence, a power of arrest can be attached to the Injunction
Order. This means that if there is any breach of an Order, the person
can be immediately arrested by the Police and brought before the
Court to consider whether they should be sent to prison.
5. What will it cost?
An Application for an Injunction Order can be very expensive and
this will often be an important consideration before taking Court
action. However, Public Funding (Legal Aid) is often available and
if you are eligible, the proceedings will be of no cost to you.
6. What support are you able to offer?
We are only too aware in the Family Department how difficult it
may be to apply for an Injunction or just generally to take a stand
against someone to ensure that they are no longer physically, sexually
or emotionally abusive towards you. There are often many emotional,
financial or other considerations that come into play.
Our staff have experience in dealing with a wide variety of domestic
situations and will be able to support you through what maybe a
difficult process. The Firm has developed links with many other
agencies and in consultation with you, we may be able to help you
locate temporary accommodation, seek Counselling and advise you
how to manage financially, for example.
7. What do I do now?
It is important that you take legal advice about your situation
now, even if it is only to have initial advice in respect of your
circumstances and you decide to take no further action for the time
being. Your meeting will be entirely confidential and great care
is taken not to disclose an address, telephone number or other personal
details within proceedings or in correspondence, if you do not wish
this.
Our Legal Advisers are available to meet with you at any time between
9.30am - 5.00pm. A free half hour of advice is available and no
appointment is necessary.
CONTACT:
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