FAQs

In the majority of situations the answer is yes, it really can. A civil protection order, such as a non-molestation order, prohibits an abuser from using or threatening violence against you, or harassing, pestering or intimidating you. In most situations if the order is breached, it is a criminal offence, which means the police can arrest that person. Serious or persistent breaches may result in a prison sentence.

They are particularly useful when, having responded to your 999 phone call, the police cannot find enough evidence to charge them with a criminal offence. Sadly, the police’s hands can be tied by the high burden of proof of the criminal law. A civil protection order allows for this arrest to take place much easier, however, so you have the confidence and peace of mind to know the legal system is on your side.

Feedback from those who have obtained protection orders in the past suggests that the mere existence of an injunction can have a dramatic effect on the abuser’s behaviour. They may realise that other people are now involved and there will be serious consequences if the abuse continues. It also gives people a sense of confidence and strength, knowing they have taken this action to protect themselves. This new time and space can then give you the confidence to take control of the situation again and rebuild your life abuse free.

NCDV exists to help you obtain a civil protection order. This service is offered 100% free of charge. We have never charged anyone referred to us and we never will.

We have no control over the Legal Aid system, however, so depending on your financial circumstances there may be a contribution towards your legal aid costs. This is payable to the Legal Aid Agency, not to NCDV. For those who are unable to afford any contribution to legal aid, we can help you represent yourself by preparing your statement and paperwork for court and taking you through the process. You may need to pay a process serving cost and there is a court charge to make an application for a prohibited steps order, but there are no court fees to make an application for a non-molestation order or occupation order. Any costs will be explained to you in full and you are in charge of any decisions.

We do not charge to speak to anyone, whatever their income.

We always conduct a rapid means test. If your disposable income is below a certain level, you may qualify for free legal aid. If your disposable income is over that level, you may have to make a contribution to the legal aid costs. If you are unable to pay that contribution, we can help you represent yourself. We would draft your witness statement for you, prepare your Court application form and talk you through what will happen at court so you are well prepared.

We can also signpost you to services that can offer other types of support at court. We make no charge for helping you in this way.

Our main concern is your personal safety and we will endeavour to help you secure this.

We will not judge any decision you make if, for example, you prefer to wait several weeks before making an injunction application. We would, however, explain the possible legal implications this may have. This is because, yes, time is an issue in law. To make an emergency application there will usually need to be a recent use or threat of violence within the last seven days (this may be different if, for example, someone has been in hospital for several weeks prior to making an application or there have been bail conditions for the last month).

This means that an application for an injunction on an emergency basis, must be made as soon as possible. The law does not say ‘as soon as conveniently possible’ because this is inconsistent with an urgent need for protection. Of course, the benefits of obtaining an injunction sooner rather than later are self-explanatory – you have a stronger case and legal protection much quicker than otherwise

There are two ways to obtain an order. If the most recent incident is more than 10 days ago you may still be able to apply for an emergency (without notice) order. The most common reasons are when someone has been in hospital, or the abuser has been serving a prison sentence or released with bail conditions following an arrest.

If the conditions for an emergency order don’t apply, NCDV could help you make an ‘on notice’ application for an injunction. An injunction obtained ‘on notice’ is the same except you will be given a future court date when the injunction application will be heard with both yourself and the abuser present.

The injunction would have the same powers attached to it and breaching the order is a criminal offence so the police could arrest if the order is breached.

Our main concern is your protection and welfare, so it is not a problem if you choose to take no further action with us. We will, of course, discuss your decision with you to make sure you feel safe and secure, so please make sure you call to let us know. If you change your mind, simply get back in touch and we will pick up your case from where we left – no one will judge you for having changed your mind and we understand this can feel like a scary step.

However, you should be aware, as detailed in the above paragraphs, that time is an issue and if you change your mind after a number of weeks and there has not been another incident, then it may be that your application would have to be made ‘on notice’.

We understand how much anxiety this can cause. In this situation we will discuss whether a prohibited steps order could prevent someone from taking a child away from your care and control. The solicitors we refer your case to will determine if this is a recommended course of action.

We are here to help you but you can help us by keeping us informed of any changes in your circumstances. If you have a voicemail, text message or email asking you to call us, please do so as soon as possible. If you are asked to provide us with information, the quicker you can do this the quicker your order will be obtained. We understand you might have a lot going on at this time, but we want you to be protected as early as possible.

When we started in 2003 our service only covered London. Over the years we have expanded to cover most of England.

At NCDV, we understand that some people may require language support. While we do our best to assist every applicant and may have speakers of community languages within our teams, we cannot guarantee that specialist legal staff or panel solicitors will be able to assist later in the process. The last thing we want to do is set applicants up for failure. In certain circumstances, we are able to utilise a trusted friend or family member if the applicant wishes, and if our assessment shows it is safe to do so. When this is not possible, we may go back to the referrer to see if they can offer help or use a specialist interpreter service. With approximately 9000 referrals a month, our priority remains protecting people as quickly as possible.