Restraining Order Case
The client is seeking to file a restraining order against their partner. They are located in a region in the UK. Further details about the circumstances have yet to be disclosed. The legal matter involves aspects of family law.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow do I file for a restraining order in my location?
To file for a restraining order, known as a "non-molestation order," you need to complete the relevant form, which is usually available from government websites. Submit the completed form to the nearest family court. You might also need to complete an additional form if you wish to keep your address confidential. Providing detailed reasons for your application is crucial. For urgent protection, you can request an "ex parte" order, which can be granted without notifying your partner initially.
What evidence do I need to provide to obtain a restraining order against my partner?
To obtain a restraining order, you will need to provide evidence demonstrating that you are at risk of harm. This may include documented incidents of abuse such as police reports, witness statements, medical records detailing injuries, photographs of injuries or property damage, threatening messages or emails, and any other relevant documentation. It's important to present a clear account of the abusive behaviour and its impact on your safety.
How long does it typically take to get a restraining order issued?
Obtaining a restraining order generally takes a few days to a few weeks, depending on the circumstances. In urgent cases, an emergency order may be issued the same day or within a couple of days. For non-emergency situations, the process may take longer as the court arranges a hearing.
What are the different types of restraining orders available and which one would be applicable in my situation?
In the UK, you can apply for a Non-Molestation Order or an Occupation Order. A Non-Molestation Order aims to prevent your partner from threatening or harming you, while an Occupation Order determines who can live in the family home. The Non-Molestation Order may be most applicable for immediate protection.
What are my options if my partner violates the restraining order?
If your partner violates the restraining order, you should report the breach to the police since it is a criminal offence. The police can arrest them and take further action, including charging them with breaching the order. Documentation of the breach, such as photos or messages, will support the investigation.
Do I need a solicitor for it?
You do not need a solicitor to apply for a restraining order, as you can represent yourself in court. However, having a solicitor can be beneficial for complex legal issues or if you feel uncertain about the process.
