Without notice Injunctions and Ex Parte Applications (domestic abuse)
Without notice injunctions (or as lawyers call them ” ex parte ” ) are a court application for an order without telling the other side you are going to get it. A family order about children can be applied for this way too.This blog post deals with the domestic abuse kind. We will do another post dealing with ex parte family orders later this week.
In a domestic abuse case, going ex parte is often the safest way to get you the protection you need. But let’s just remember a few fundamental things about UK law. It is supposed to be fair, open and not done in secret . Getting an order (called a non molestation order) against someone flouts all these rules. Also, breach of a non- molestation order is an automatic criminal offence and the respondent to the order becomes capable of being nicked for something they didn’t even know about. So do not assume you can just rock up to court and say ” I want an order to prevent him coming to my house and bothering me” and be 100% sure of success.
The key to achieving a without notice injunction is to get your ducks in a row and do things properly :
- Paperwork. Make sure you have all the paperwork filled out properly and copied 3 times. You need an FL401, and a statement that is basically your story of what has been happening in the relationship. Pro tip: make it coherent, in time order, major on the big stuff, stay concise on the small stuff. Spell it properly, double line space it and number the paragraphs. Sign and date it.
- The statement must set out why you want the order ex parte. Afraid for your safety? Afraid you might be made to change your mind? Afraid the other party will evade service? Any or all of those are reasons.
- Look up ” process servers your town” and find out how much it will cost to give the paperwork in person to the respondent. Obviously doing it yourself is not a good idea for lots of reasons but to make your order live and effective they have to know the order has been made without any doubts.
- Clear your diary. Sort childcare out. Judges are busy with the appointments for cases that have been listed well in advance. Your emergency case needs to be shoehorned somewhere in between another case. Most likely you will see the judge just before their listed cases start. Pro tip: get to court for 9am to get in before the 10 o’clock list OR get there at 12:30 so you can get in before the 2pm list starts.
- Most of the talking should be done in your paperwork. If you did a good job of that then you won’t need to add much. Take a note of what the judge says to you and be ready to act on it. Don’t exaggerate and try and listen carefully to questions asked.
- You will be going back to court again. This time with the other side having an opportunity to put their case. Ask the judge for the likely date it will be. Have your diary to hand to ask him to avoid important dates like a holiday.
- have access to a photocopier, after the hearing you will need to pick up your order ( the court usually type it up for you and seal it on the same day). you will need to serve all the application papers and the order on the other party. your process server will do this for you and they will also serve the police with it. once this has been done your order is live.
- You may want to get representation for the return date hearing especially if the other party is likely to oppose your order.
- If any paperwork is sent to you in advance of the return date hearing don’t lose it, keep it for reference or give it to your lawyer.
