Domestic Violence



Domestic violence occurs in all walks of life and should not be tolerated.  At Terrells we can assist you on an emergency basis where appropriate.

 

We can advise and assist in relation to the following:-

  • An application for a Non-Molestation Order

  • An application for an Occupation Order

  • An application for a Protection from Harassment Order

  • An application for Committal where someone has breached an Undertaking

  • A harassment warning letter

Harassment

If you are suffering from harassment from any person and this is causing you distress, we can help. The options available are as follows:-

 

Option A - £200 plus VAT

  • Initial advice appointment

  • Drafting a harassment warning letter and sending this to the relevant person

  • Advising you of the options available to you if you continue to experience problems

If the matter is not resolved by correspondence, the consideration should be given to making an application to the Court.

 

Option B

To issue an application for a Non-Molestation Order on an ex-parte (without notice basis), we can assist you for £1,750.00 plus VAT – this will include the following:-

  • Initial advice appointment

  • Advice in relation to the Court process and considerations of the Court

  • Drafting the application and Statement

  • Attending Court to issue the application

  • Representation at the initial Court Hearing

  • Providing you with advice after the initial Court Hearing

  • Arranging collection of the papers

  • Instructing a Process Server to personally serve the Respondent

  • Representation at the Return Hearing

  • There will be additional costs if the matter is set down for a further hearing/contested hearing.  The fixed fee does not include gathering independent evidence or representation at that hearing

 

Option C

To issue an application for a Non-Molestation Order and/or Occupation Order or a Protection from Harassment Order on an on notice basis, we can assist you for £1,250.00 plus VAT – this will include the following:-

  • Initial advice appointment

  • Advice in relation to the Court process and considerations of the Court

  • Drafting the application and Statement

  • Issuing the application

  • Instructing a Process Server to personally serve the Respondent

  • Representation at the First Court Hearing

  • There will be additional costs if the matter is set down for a further hearing/contested hearing. 

The fixed fee does not include gathering independent evidence or representation at that hearing.

 

Option D

If you have been served with an application for a Non-Molestation and/or Occupation Order, then we can assist for £500.00 plus VAT – this will include the following:-

  • Initial advice appointment

  • Representation at the Initial or Return Hearing

  • Providing you with advice following the outcome of that hearing

  • There will be additional costs if the matter is set down for a further hearing/contested hearing.  The fixed fee does not include gathering independent evidence or representation at that hearing.

 

Non-Molestation Order

A Non-Molestation Order can be made to prevent a person from using or threatening physical violence or to prevent a person from harassing, pestering or intimidating someone.

The Applicant or relevant child must be at risk of “significant harm” from the Respondent.

There are two ways of obtaining a Non-Molestation Order.

  1. The first is by way of an urgent application to the Court on what is known as “without notice basis.”  This means that the Order is made before the other party has any knowledge of the application.  Once an Order is made, it has to be served upon the other party.  An Order is only effective and enforceable once served upon the party named in it.  The Applicant will need to return to the Court within a few days of the Order being made in order that the Court can review the situation.  Both parties should be in attendance at the second Hearing.  If the Respondent does not attend, then provided service of documents can be proven, the Court are likely to make a Final Order in his or her absence.  If the Respondent does attend at the second Hearing, hopefully a Final Order can be made.  A Non-Molestation Order will usually remain in force for 6 months.

  2. Secondly, an application may be made on notice.  Both sides are informed of the Hearing date and the Respondent is served with the application in advance of the Hearing taking place.  The Respondent has the opportunity to attend the Court Hearing and challenge the evidence before the Court.  An Order can be made by agreement but, if the evidence is challenged, then the Court will list the application for a Final Hearing.

 

Occupation Order

An Occupation Order is used when the future occupation of a property is in dispute.  One person could effectively be required to leave the home because of his/her violence behaviour towards the other person or the effect that his/her presence is having on the children.

 

The Court shall have regard to all the circumstances, including:

  • The housing needs and housing resources of each of the parties and of any relevant child;

  • The financial resources of each of the parties;

  • The likely effect of any Order (or of any decision by the Court not to exercise its powers) on the health, safety or well-being of the parties and of any relevant child;

  • The conduct of the parties in relation to each other, and:

  • Whether the Applicant or any relevant child is likely to suffer significant harm attributable to the conduct of the Respondent, and;

  • Whether the harm likely to be suffered by the Respondent or any relevant child if the provision is included is as great or greater than the harm attributable to the conduct of the Respondent which is likely to be suffered by the Applicant or any relevant child if the provision is not included.

 

An Occupation Order usually runs for a fixed period of time, quite often until financial proceedings have been resolved.

Agreement can be reached whereby the Respondent may pay the mortgage and/or utilities secured upon the property until a certain date

Undertakings

An Undertaking is a promise to the Court, as to future conduct, given by the Respondent. Undertakings can, in certain circumstances, take the place of a Court Order, and are often worded the same as a Non-Molestation Order and/or Occupation Order.  Where an Undertaking has been accepted by the Court and subsequently broken by the person who gave it, there are serious consequences which can include imprisonment or a fine.  An Undertaking will only be accepted by the Court if the party applying for an Order will be adequately protected.   If not, then an Order will be made.  An Undertaking will be for a fixed period of time, usually 6 months.  Undertakings, when offered by a Respondent, are done so on the basis that no admissions of the allegations are made and no Finding of Fact against a Respondent in relation to allegations is made by the Court.

Powers of Arrest

A Power of Arrest can only be attached to an Occupation Order.  Changes in the law since July 2007 now mean that a breach of a Non-Molestation Order will always be an arrestable offence and therefore it is unnecessary to have a separate Power of Arrest attached

Enforcement

A copy of a Non-Molestation Order and/or an Occupation Order has to be served on the Police.  If such an Order is breached, a Police Officer must arrest a Respondent. The Respondent is then usually kept in police custody and will be brought before the Magistrates Court within 24 hours.  It is then for the Court to decide what punishment the Respondent should face.   If an Occupation Order with a Power of Arrest attached is breached, then the Respondent will be taken to the County Court.  If the Magistrates Court do not take any further action, it is possible for an application to be made to the County Court for a Committal. (Such an application has to provide precise details of the breach(es) alleged.  The committal application is served on the Respondent and then heard by the Court.  The Court has the power to fine or imprison the Respondent if the Court finds that such a breach has occurred.)

Funding the Application

Private Funding

The overall costs are likely to be in the region of £1,500 to £2,500.

Eligibility Guidelines

There should be no international aspects to your case

The fixed fee price structure will be offered on a case by case basis.  Therefore if we do not consider that your case is suitable for the fixed fee structure, we will advise you within 14 days from instruction.

The fixed fee structure does not include the following:-

Court fee

Travel costs

Process Server fee

Experts fees/Interpreter fee

Costs Orders

 

Testimonials

Mrs E

I feel that you went out of your way to help me and this made the process so much easier. Thank you.

Mr W

All business carried out very efficiently

Mrs K

I have no hesitation in recommending Terrells to anyone needing any form of legal advice and to thank you once again for all of your help. Long may you continue!

Mrs E

I dealt with a very professional young lady, who presented herself well, was understandable and polite. What more can anyone ask for?

Mrs K

The service you gave was excellent, helpful and informative

Mr and Mrs H

There were plenty of opportunities to ask questions and we felt we received excellent advice and support”

Get in touch

01733 896789

enquiries@terrells.co.uk

61 Lincoln Rd, Peterborough PE1 SE