A solicitors job is to give you advise about what they can do for you, and the best directions for you to go down. You may not need to go as far as court to get the best result. Sometimes the threat of legal action is enough, for example an email or letter from your solicitor to your partner. You may be entitled to legal aid, to help pay for your court proceedings, and your solicitor should look into this for you.
This depends on your salary and the assets you have and their monetary value. You may have to pay towards your legal costs.
The form on which you apply for public funding, asks whether or not your have reported the issue to the police. It also asks whether you have considered other options such as a letter from your solicitor, which may be a better option and mean you won.t need to use public funding.
A letter on its own may not be the correct thing, if you wish to bring civil proceedings regarding your home. Your solicitor should explain this to you. In the case of you not qualifying for public funding, you will have to pay the solicitor or represent yourself in court.
The legal process can be expensive, so you should ask for a realistic estimate at the beginning.
Obtaining a court order?
You may need a court order to protect you from harm in the future, and to get this you need to apply to the court for an injunction. You do this by filling in a form and giving a written statement detailing a description of events. You can ask the court to keep your address or whereabouts secret from your partner. You will have to swear an oath your account of events is the truth. The statement you give is an affidavit. Once the court has this, they will arrange a date for the hearing. Your partner will receive two days notice of the hearing. Your solicitor will organize your day.
You can get a court injunction the same day as you report your incident. This is for serious cases. This is known as applying without notice or ex parte
You get an order about how your partner will behave by applying without notice. This is called non-molestation order. This is different to an occupation order, which is about whom can live in the home.
What if I can't get public funding and I can.t afford a solicitor?
The process is supposed to be straightforward. This is so people can represent themselves if they don't have a solicitor. The county court office give you the forms to fill in and a leaflet with information regarding the process. The forms and leaflet are also available on the website. There is a fee of 60pounds, but if you can't afford this, you can fill in a form which means you don't have to pay it.
A handy book to have a look at is .The DIY Domestic Violence Injunction Handbook. which can be found through the Right's of Women's website.
ᐅ Domestic Violence Registry – Minnesota (MN)
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