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How Much Does It Cost to Take Out An Injunction?

How much does it cost to take out an injunction from the Family Court? There is no fee payable to the Family Court (what was the County Court) when submitting an application for an injunction. In 2014, HM Government pledged to do everything they could to end domestic abuse and one change, was to allow any person who seeks a non molestation order and/or occupation order, to apply to the court without paying any fee, regardless of their income. The government was committed to open access to the family justice system for all victims of domestic abuse.

Grounds for taking out an injunction

Domestic abuse includes emotional, psychological, physical, sexual, financial abuse, coercive and controlling behaviour. An injunction is a protective order granted by a Family Court and can be in the form of a non molestation order and/or an occupation order. A non molestation order will forbid the respondent to undertake an act, whether by himself, or by instructing anyone else to do so on his/her behalf to threaten to assault and/or assault the applicant/person named in the order. To apply, you must have had a, ‘connection’ to the other person, for example in living with/having lived with them, being married/in a civil partnership, having had child(ren) with them. An Occupation Order controls who can live in a property. It can also restrict the Respondent from entering a certain area, where the Applicant/person named in the Order is the victim of domestic violence.

Non-molestation order breach

Any breach of a non molestation order is an arrestable offence and punishable before the criminal court. A breach of an occupation order, regulating the occupation of the family home, can be an arrestable offence (if a penal notice was attached to the order) and/or subject to committal proceedings.

Any person is at liberty to represent themselves and no one has to have a family law solicitor or barrister representing them in the proceedings and at court hearings. There will be at least one court hearing, possibly two.

Non-molestation order procedure

Where an application is made “on notice” (which will notify the Respondent of your proposed application) and before the court will fix a date for the first court hearing, the person seeking an junction has to lodge at court written evidence including:-

  • Complete the application form;
  • Prepare a statement of evidence and swear that the contents of that document are true (either at the Court office or at a Firm of Solicitors);
  • Instruct a court bailiff to serve the papers upon the respondent;
  • Lodge at court a form confirming you have served the papers through a bailiff; and
  • Attend at court for the first court hearing.

Where you feel you will be placed at significant risk of further harm by providing the Respondent with notice of your proposed application, you may choose to apply for the injunction(s) “without notice” where your application will be heard by the Court in secret and without the Respondent being served with notification in advance. Where an injunction is obtained on a “without notice” basis it will need to be served upon the Respondent immediately following the hearing, and the Court will fix a date for the parties to return to Court, whereby the Respondent will be provided the opportunity to argue why the injunction should be revoked.

During the hearing(s) you may be asked to give oral evidence to the court and the other party via a lawyer can cross examine you as to what you say took place (the court can put in please special measures to protect you for being asked questions direct by the person alleged to have abused you). The Magistrates or Judge(s) can ask you questions to help them come to a decision as to what they think happened and whether you have proved the contents of your statement;

The Magistrates or Judge(s) decide, with reasons, the evidence they prefer and list all of the allegations they believe are founded i.e. did take place; and

The Magistrates or Judge(s) will them decide whether you need an injunction to protect your safety and to prevent further harm.

Why instruct Kew Law LLP?

We have solicitors who are experienced in domestic abuse matters and who can help you secure a non molestation and/or occupation order to protect your safety and the safety of any dependants. If you have suffered harm, you will have the upset and psychological effects of the abuse to deal with. You will not want the additional pressure in drafting court forms, writing your statement, submitting the correct forms to the court, arranging personal service of the court papers upon the other person and attend court on your own without the assistance of a specialist lawyer to guide you through the court process, support you and make sure you have a fair hearing.

What do I do if I have suffered abuse?

Keep yourself safe and contact the police in all matters concerning domestic abuse.

If you require emergency housing then please contact Women’s Aid.

Please contact a member of our Family Law Department by either:-

Call us on 0800 987 8156 or request a call back from one of our solicitors.     

We aim to respond to urgent enquiries the same working day. We can provide you with a no obligation quote as to how much it will cost you to obtain an injunction in the form of a non molestation and/or occupation order. We will arrange an urgent appointment to meet with you. If you formally instruct us to represent you, we will guide you through the process, lodge all papers on your behalf, arrange service of court papers on the respondent, prepare your case, request special measures for you to give oral evidence to the court if you feel intimidated, speak for you in court and argue your case before Magistrates or a Judge. We guarantee you empathy and a professional service provided by experienced family lawyers.

We can offer you an initial fixed fee appointment at one of our offices and any work done on your behalf is then charged at our hourly rates. Our hourly rates start from £220 plus VAT and increase in line with the level of expertise and experience required to best manage your matter. Get in touch with our solicitors today.

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