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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 846
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Applying order against former partner and his

Customer Question

Applying for restraining order against former partner and his sister. Have a police reference number as they've notified and visited my residence.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- are the police pursuing a criminal injunction for you or are you looking for information on obtaining a family law act injunction?
- what threats have been made by both these individuals? When was the most recent incident?
Kind regards
Caroline
Customer: replied 1 year ago.
Caroline,
I'm not sure which injunction would apply in my circumstances.
Basically my ex partners sister threatened to come to my place of residence and "smash my face in" then subsequently she stated my children would be taken by her!
This isn't the first time I've been threatened by her however she was completely over the top. Due to this I had no choice but to inform the police. I have a reference number and I'm awaiting feedback from the police as they were going to visit her this evening.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
You need to get an update from the police once they have spoken with her. If the police decide to charge your ex - then they will likely put bail conditions in place which will prevent your ex from contacting you - whilst the matter is ongoing. If the case goes to court the Crown Prosecution Service can seek an injunction for you.
The police may also issue a harassment act warning.
If any of the above action is taken by the police - then you will be protected as your ex wont be able to make any more threats to you. If any of the above happens then you will not need to take any further action.
If however the police do not take any of the above action - then you should consider applying for a non molestation order.
A Non Molestation Order is an order obtained through the family courts.
You would need to complete form FL401 and take this to your local family court. You would also need to prepare an Affidavit in support of your application. This is a statement which you need to swear in front of a court officer. You need to detail in this statement - everything that has happened in the past and all the threats that have been made. You also need to detail in respect of the recent incident and the threats that have been made and how you have reported this to the police and they have not taken action to protect you. You need to confirm in your statement that you are frightened for your safety and therefore need the non molestation order to protect you.
You need to deal with these types of applications quickly. If time has passed following the last threats (more than a few days) then the Judge might not grant an urgent order. You can still make the application but you would need to apply on notice - rather than making an urgent application without telling your ex what you are doing.
There is no court fee - so if the police dont take action - complete the form and statement quickly and attend at court local family court and ask to be heard that day.
If the court makes the order - then you will need to have your ex personally served with the court order. This will cost you about £150.00 to instruct a process server. The court will also list the matter for a return hearing where your ex can come and have her say as to whether or not she wants to contest the order. If your ex does seek to contest the order - then the matter will be listed for a final hearing and you will both have to give evidence on what has happened. The Judge needs to be satisfied on the balance of probabilities (more than 50%) that what you are saying is true.
If your ex doesnt turn up at the return hearing - then the Judge will finalise the order. These types of orders normally last for 12 months.
You should ask the Judge to include provisions about your ex not being able to contact you or threaten you.
In respect of the sister - you also need to set out full reasons why it is that you need an order to protect you from her.
Kind regards
Caroline
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Expert:  ukfamilysolicitor replied 1 year ago.
Ps - legal aid is still available for non molestation orders - although you may have to pay a contribution depending on your income and savings. If the police don't take action- then contact a legal aid family solicitor tomorrow so that they can assess you.
Kind Regards
Caroline
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