If you are in immediate danger, an application can be made to the Court on the same day without your abuser being there. This is called a without notice or ex-parte application. The Court will need to consider whether or not you are at risk of significant harm, whether you will be prevented or deterred from applying if you have to wait or whether your abuser is avoiding being served notice to appear before the Court.
A Non Molestation Order is aimed at preventing your partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you and or using controlling behaviour, in order to ensure the health, safety and wellbeing of yourself and your children.
We can also prevent an abusive partner forcefully removing children from your care under a Prohibited Steps Order.
In order to apply for one or all of these orders, you must be an associated person. This means that you and your partner or ex-partner must be related or associated with each other in one of the following ways;
You are or have been married to each other.
You are or have been in a civil partnership with each other.
You are cohabitants or former cohabitants.
You live or have lived in the same household.
You are relatives.
You have formally agreed to marry each other.
You have a child together.
Although not living together you are in an intimate relationship of a significant duration.
You are both involved in the same Family Proceedings.
In order to obtain a same Injunction, you will need to instruct Gary Jacobs & Co Ltd by 10am, which will enable us to secure an order by 2pm. If instructions are received in the afternoon, the application to the court will have to be made the following day in most circumstances.
We are happy to take referrals from Domestic Violence Agencies and other organisations assisting vulnerable people suffering Domestic Violence.
In these certain circumstances public funding could be made available but this is subject to an assessment of your financial circumstances. Subject to this we can organise legal representation at Court to assist you in applying for an emergency Order.