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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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There I was wondering if you could help me. I have an

Customer Question

Hello there I was wondering if you could help me. I have an ex partner and a baby girl with her. Recently back in November she got me arrested under a allegation of assault. The police refused charges and ordered me on a Domestic Violence Notice up units the 18th of December. After that period my ex partner took me to a family court and put me on a injunction which was stated I'm not allowed 200 metres from her house, not allowed to have any Form of contact with her and also not allowed any friends or family to make any contact to her on my behalf. My first question is as there was no expiry date on the letter of this injunction does this mean it will stand for a life time? It's left me in a state now where iv had to fill out a c100 Form to see my daughter but yet I can't seem to come up with £215.00 court fees so my second question is can legal aid cover this for me and if so how do I go about it? And last of all my ex partner got on to one of my friends and decided to say alot of untrue nasty stories about me can she do this considering she has put an injunction in place from me?
Thank you for reading this.
Kind Regards
Thomas Partridge, UK
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question.
Legal aid will not be available for your family law matter unless you have domestic violence evidence against her (such as police caution, injunction etc). You will then need to qualify financially based on your income and assets, and then whether you have merits to pursue the application. If your income is low you are able to apply for a fee exemption under fomr EX160.
In relation to the injunction she has in place, if this was made without notice to you the court should have set a return date within 2 weeks for you to respond and attend a return hearing to dispute the allegations. If the order has not set a return date you can apply for the order to be discharged, or varied under form FL403. As there is a child involved the court should have made other provisions for you to contact her regarding child arrangements, such as through solicitors.
In relation to your last question, the court will only grant an injunction where there is need for it to be in place based on the evidence provided - such as continuous threats, intimidation or harassment. Nasty, untrue stories may not be considered relevant for such orders in the family court but could be addressed if you apply for discharge or variation of the order.
In the circumstances it may therefore be sensible to submit both C100 application for a child arrangement order, as well as FL403 application to vary at the same time so that at the hearing both can be progressed.
Please let me know if you have any further questions regarding this.
Expert:  Harris replied 2 years ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.