In situations of relationship abuse, victims have the option to seek an injunction through civil courts, either alongside criminal justice outcomes being pursued or when they opt out of pressing criminal charges. Here’s a breakdown of what constitutes a relationship in this context:
An injunction essentially acts as a “stay away” order, prohibiting the abuser from certain actions (like contacting the victim) or requiring specific actions (such as leaving the home).
It’s advisable to:
There is often no fee when you apply for an injunction (fees are dependent on the order, with the majority being free however child arrangement orders have a cost attached), but you can choose to pay for legal advice to help you. Check if you can get legal aid, which can help to pay for legal advice.
If you are not eligible for legal aid and are unsure if you have funds for legal advice, then DAVSS may be able to assist, so contact us on 01892 570538 (this is our helpline number and the helpline staff will be able to give you advice, signpost you on where you need to go next or refer you into the Support to Court Team), email us on office@davss.org.uk or head here to send us a message.
If you are a professional seeking support or options for someone in need of protective orders, please don’t hesitate to reach out to us. We’re here to discuss how we can assist. You can head here to send us a message or go straight to web referrals for professionals.
If you are outside of the DAVSS area of West Kent then you can also get advice on applying for an injunction from other charities, for example Refuge, Women’s Aid, Citizens Advice or the Men’s Advice Line.
Courts can issue various orders to protect victims of domestic abuse. The most common types include:
To secure an injunction, both the victim and the abuser must typically attend court, unless the victim is seeking an ex parte order for urgent relief. The victim’s solicitor is tasked with safeguarding them from unfair or unnecessary interrogation and can advocate on their behalf. While family members, friends, or outreach workers can provide support, they usually wait outside the courtroom during the hearing. The victim may need to attend one or more court sessions before the injunction is granted.
Where someone is a litigant in person then a McKenzie friend can also attend the hearing to assist by prompting, taking notes, and quietly giving advice, so no victim needs to feel alone if they do not have a solicitor. They need not be legally trained or have any professional legal qualifications. DAVSS can provide a McKenzie friend for cases in the West Kent area, contact us on 01892 502074 (this is NOT the helpline number) or email us on office@davss.org.uk if you need more information on this.
Court orders typically have a specified duration (e.g., a non-molestation order usually lasts for six months). While the order doesn’t offer a permanent solution, it provides the victim with time to pursue more enduring remedies.
Should the abuser persist in abusive behaviour despite the injunction, the victim can enlist the order’s protection by contacting the police. Informing the police about the injunction and having a copy at hand is crucial. Breaching a non-molestation order constitutes a criminal offence, which may lead to fines or imprisonment. It’s imperative for the victim to avoid violating the conditions, such as by engaging with the abuser against the order’s directives.
Legal matters can be intricate, and seeking advice is crucial. Solicitors prioritise protecting individuals facing violence or abuse within domestic relationships, potentially securing court injunctions to keep abusers at bay. Even if ineligible for Community Legal Service Funding, assistance is available for those lacking financial means. Some solicitors offer deferred payment plans, instalment options, or even pro bono services. Victims can also pursue injunctions without solicitor representation. Rights of Women offer a Domestic Violence Injunction Handbook providing step-by-step guidance on form completion. They also operate a free legal advice line (020 7251 6577), and local domestic abuse outreach workers are available to assist with form completion and support throughout the application process.
Alternatives to Injunctions: Domestic Violence Protection Notices & Orders
In situations where there might not be sufficient evidence to press charges against an alleged perpetrator, authorities have recourse to alternatives such as Domestic Violence Protection Notices (DVPNs) and Domestic Violence Protection Orders (DVPOs). These avenues provide protection to victims through specific bail conditions.
Domestic Violence Protection Notices (DVPNs)
DVPNs are notices issued by the police against individuals aged over 18 when there’s a reasonable belief that they have been violent or have threatened violence against a potential victim who requires protection. Importantly, DVPNs can be served even if the victim does not consent to it.
These notices typically impose conditions on the individual, including:
Domestic Violence Protection Orders (DVPOs)
DVPOs, on the other hand, are orders sought by the police and granted by the Magistrates’ Court. If approved, these orders remain in force for a minimum of 14 days and a maximum of 28 days. Similar to DVPNs, DVPOs can include provisions such as:
The Magistrates’ Court is obligated to hear an application for a DVPO within 48 hours of the individual being served with a DVPN by the police. In the event of the individual’s non-appearance, the court can still issue a DVPO in their absence.
It’s worth noting that the law permits the Magistrates to issue a DVPO even if the victim does not consent to it. Additionally, the welfare of any individuals under 18 affected by the DVPO is taken into consideration.
Alternatives to Injunctions: Restraining Orders Imposed by Criminal Court
In addition to DVPNs and DVPOs, there exists the option of a Restraining Order imposed by a Criminal Court. These orders can be issued upon conviction or acquittal from any criminal offence, even in cases where no evidence is presented or the defendant is found not guilty. Unlike injunctions, restraining orders are preventive and protective rather than punitive in nature.
Restraining orders offer similar protection to injunctions under civil law but may carry stronger penalties. Notably, these orders can only be made concerning the defendant, regardless of whether evidence during trial indicates a need to address the behaviour of both the defendant and the victim.
Such orders can be issued for a specified period or until further notice. Parties involved, including the prosecutor, defendant, or any individuals named in the order, have the option to apply to the original court for variations or discharge. Breaching a Restraining Order constitutes a criminal offence in itself.
Nationally there are a range of helplines available, including (but not limited to):-
Other useful contacts:-
