Page updated on: Thursday April 10, 2008
If you are, or have been, in a domestic relationship with a person who is being violent towards you, you can apply to the Family Court under the Domestic Violence Act for a protection order against that person. You are called the “applicant”, and the other person is called the “respondent”.
A child (someone under 17) can apply for a protection order, but they need to get an adult to apply on their behalf.
In some cases even an adult may need a representative to help them apply. For example, if a welfare guardian has been appointed for someone who isn’t able to make decisions for him or herself, the welfare guardian will need to apply on the person’s behalf.
You file an application and supporting evidence with the Family Court.
Evidence is provided in the form of an affidavit (a written, sworn statement) signed by you in front of a court registrar, JP or a lawyer.
The affidavit should detail the domestic relationship and give a brief history of the violence, including details such as any contact with the Police or with hospitals or doctors because of the violence.
Download the application forms from the Family Court website or get them from your local Family Court.
If you’re considering applying for a protection order, community law centres, CABs and Women’s Refuge can give you information about how to apply and about what a protection order will mean. They can also give you practical help and support in keeping you and your children safe, finding you a place to live, and linking you up with Government agencies and other organisations that can support you.
You can find contact details for support organisations in the Personal Help Services section at the front of the phone book.
If you want to keep your new address and phone number secret from the respondent, you will need to complete a special form. The Family Court will then make sure the respondent can’t find out your address from the court file or other documents. You can also ask the court or your lawyer to arrange to keep your address and other details that are on public documents secret from the respondent (your car registration, for example).
An applicant can contact their telephone provider and ask for a new “unlisted” number. Sometimes the telephone provider may use its discretion and not charge for the cost of changing a telephone number in cases of domestic violence.
It may be wise for the applicant to tell relevant people about the protection order, such as the principal of their child’s school, as well as neighbours and those in the workplace.
No, there is no fee for applying for a protection order.
Although you can apply for the order without one, it’s usually a good idea to use a lawyer. If you can’t afford a lawyer, you may be able to get one through legal aid – this is where the Government pays some or all of your lawyer’s fees.
Choose a lawyer who specialises in family law and the Family Court. To find a suitable lawyer you can ask the Family Court or your local community law centre or look in the Yellow Pages.
Applicants should be aware that if they are not on legal aid, the respondent can apply to have their legal costs paid by the applicant in the event of the application being denied. This might be considered by the court in a vexatious application (deliberate and a nuisance), or where the evidence from the applicant is extremely weak. A costs order is always at the discretion of the judge.
You will have to provide evidence to the Family Court to prove “on the balance of probabilities” (that is, it’s more likely than not) that:-
If you need a protection order urgently, (ie delay will cause harm or undue hardship to you or your children) you can apply “without notice” for a temporary order. “Without notice” means the respondent is not told that you have applied for a protection order. They therefore don’t get a chance to appear before a Family court Judge to argue that the order should not be made.
The Judge can often make a temporary order within 24 hours, but sometimes it may take several days.
After a temporary order is made, the respondent is given a copy of the order and has a chance to go to court to argue that the court shouldn’t make the temporary order into a final one. If the respondent doesn’t do anything about opposing the order, it becomes final and permanent after three months. If the respondent doesn’t want to oppose the order, you probably won’t need to appear in court at all.
If you don’t believe you need urgent protection, you can apply for a protection order on notice. This means the respondent will be told, before any order is made, that you’ve applied for the order.
The respondent gets a chance to appear in court to argue that an order shouldn’t be made. If they tell the court they want to appear, the court sets a date for a hearing. An applicant should seriously consider getting legal representation in these circumstances
The Family Court is closed to the public. Usually only you and the respondent, the court officials, the lawyers and any support people will be there. You can take one or more support people to the hearing with you, but they have no right to speak in the courtroom, unless they are also a witness. The court can decide at any time to require a witness or support person to leave the courtroom.
The media are banned from domestic violence hearings, but reporters can be in the courtroom if you or the respondent have also applied for a parenting order under the Care of Children Act 2004 to deal with care arrangements for your children, although this is extremely rare. Reporters can’t report any details that would identify you, your children or anyone else involved in the case.
You and the respondent, and your witnesses, will give evidence and may be cross-examined (asked questions by the other side’s lawyer). The Judge may also ask questions and will then consider both sides and make a decision.
You can appeal to the High Court within 28 days of the Family Court’s decision to turn down your application, or you can decide to apply to the Family Court again.