FAQs

We understand that some people may require language support. While we do our best to assist every applicant and use an interpreter service when necessary, we cannot guarantee that help will be available later in the process. In certain circumstances we are able to utilise a trusted friend or family member if the applicant wishes, and if our assessment shows it is safe to do so, or we may go back to the referrer to see if they can offer help.

NCDV work across all of England and Wales. We do not work in Scotland, Northern Ireland, or the Channel Islands.

Yes, of course. This is your process, and you remain in control at every stage. NCDV is here to support you, not to pressure you into taking any step you are not ready for. You can decide at any point whether you wish to continue or pause the application. We will always make sure you understand what is involved at each stage so that you can make informed decisions about how you wish to proceed.

Yes, in most cases you will, however in some cases courts may conduct remote hearings. If you are eligible for legal aid funding, your solicitor will attend with you. If you are being supported by our pro bono team, you may be able to receive support from a trusted friend, family member, or other type of supporter when attending court.

Yes. You can still apply even if you are currently living with the person causing harm. NCDV can assess your situation and advise on the most appropriate options available.

No. You do not need to report the matter to the police in order to apply for a civil protection order. Civil proceedings are separate from the criminal justice process. However, if an order is granted and then breached, this may become a matter for the police.

You do not need formal evidence such as police reports, photographs, or messages in order to apply. The court can consider your account of what has happened, and any supporting information that is available may also assist. NCDV will take a detailed statement from you and use this information to prepare your application.

Your case will first be reviewed by our First Steps Team (Initial Assessment). They will discuss your circumstances with you and assess whether your situation meets the criteria for a civil protection order.

If your case is suitable, First Steps will identify the most appropriate route through the court process. This includes completing a quick assessment to see if you might be eligible for full legal aid funding. NCDV do not apply for this funding or take any money from you, ever. Applications are dealt with by you and a panel solicitor.

Depending on the outcome we might:

• Refer you to one of our panel solicitors
• If you are not eligible for funding and cannot afford a solicitor, we can support you through the process with assistance from our pro bono team.
• Once the route forward has been agreed, your case will be passed to our Casework Team. They will take a detailed statement from you and prepare your court application and supporting paperwork for the judge’s consideration.

You will be assisted throughout the process so that you understand each stage and know what to expect.

Non-Molestation Orders are available to people who are legally associated with the person causing harm. This can include:

• Current or former spouses
• Civil partners or former civil partners
• Current or former partners
• People who are dating or have previously dated
• People who live together or have previously lived together
• Parents of the same child
• Family members, including parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces, nephews, and other relatives

If you are unsure whether your relationship falls within the legal definition of association, please contact NCDV and we will advise you.

No. Physical violence is not required in order to apply for a civil protection order. Many applications involve behaviour such as threats, intimidation, harassment, coercive control, stalking, emotional abuse, or unwanted contact. The court will consider the overall pattern of behaviour and the impact it has had on you, rather than focusing solely on physical violence.

Civil protection orders can be used where there has been abuse, harassment, threats, intimidation, coercive or controlling behaviour, stalking, or unwanted contact. Each situation is assessed individually based on its own circumstances. If you are unsure whether you may be eligible, NCDV can assess your situation and advise you on the options available.

If you are not eligible at this time, your experiences are still valid and serious. The law is very specific around protection orders. If you are not eligible at this time, we still strongly encourage you to seek support from local domestic abuse and other services. We can signpost you to these.

It is important to seek advice as soon as possible after the most recent incident of abuse. The timing of an application can affect the availability of emergency court processes, so early contact gives the best opportunity for urgent action. However, a delay does not necessarily prevent you from applying. Every situation is different, and the court will consider the overall circumstances of your case. If you are unsure whether your situation is suitable for an application, please contact us and we will advise you.

In urgent cases, applications can be made quickly and the court may be able to make an order on an emergency basis. Timescales vary depending on the court and the circumstances of the case. For this reason, it is important to seek advice as soon as possible after an incident has occurred. Typically, it takes a few days but can be quicker in some circumstances.

NCDV will always work to progress your application as quickly as possible. You can help speed the process up by making yourself available if possible and getting any requested information together as soon as you can.

In most cases, applications for a protective order are made on an urgent basis without notice to the other person. This is known as a “without notice” or emergency application. This means the application is first considered by a judge without the other person being present or informed in advance. The judge can make a decision quickly based on your statement and the information provided and can grant an order if they believe it is appropriate.

The other person will usually be given notice after the order has been made and will have the opportunity to respond at a later court hearing if they wish to contest the order. Many don’t, some do, so you should be prepared for this. The judge then hears both sides and decides if the order should continue. In some circumstances, an application may be made on notice from the outset, which means the other person has the opportunity to attend the initial hearing to put their side.

NCDV will always advise you on the safest way to proceed based on your individual situation.

In the majority of situations the answer is yes, it really can. A civil protection order, such as a non-molestation order, prohibits an abuser from using or threatening violence against you, or harassing, pestering or intimidating you. In most situations if the order is breached, it is a criminal offence, which means the police can arrest that person. Serious or persistent breaches may result in a prison sentence.

They are particularly useful when, having responded to your 999 phone call, the police cannot find enough evidence to charge them with a criminal offence. Sadly, the police’s hands can be tied by the high burden of proof of the criminal law. A civil protection order allows for this arrest to take place much easier, however, so you have the confidence and peace of mind to know the legal system is on your side.

Feedback from those who have obtained protection orders in the past suggests that the mere existence of an injunction can have a dramatic effect on the abuser’s behaviour. They may realise that other people are now involved and there will be serious consequences if the abuse continues. It also gives people a sense of confidence and strength, knowing they have taken this action to protect themselves. This new time and space can then give you the confidence to take control of the situation again and rebuild your life abuse free.

NCDV exists to help you obtain a civil protection order. This service is offered 100% free of charge. We have never charged anyone referred to us and we never will.

We have no control over the Legal Aid system, however, so depending on your financial circumstances there may be a contribution towards your legal aid costs. This is payable to the Legal Aid Agency, not to NCDV. For those who are unable to afford any contribution to legal aid, we can help you represent yourself by preparing your statement and paperwork for court and taking you through the process. You may need to pay a process serving cost and there is a court charge to make an application for a prohibited steps order, but there are no court fees to make an application for a non-molestation order or occupation order. Any costs will be explained to you in full and you are in charge of any decisions.

We do not charge to speak to anyone, whatever their income.

We always conduct a rapid means test. If your disposable income is below a certain level, you may qualify for free legal aid. If your disposable income is over that level, you may have to make a contribution to the legal aid costs. If you are unable to pay that contribution, we can help you represent yourself. We would draft your witness statement for you, prepare your Court application form and talk you through what will happen at court so you are well prepared.

We can also signpost you to services that can offer other types of support at court. We make no charge for helping you in this way.

Our main concern is your personal safety and we will endeavour to help you secure this.

We will not judge any decision you make if, for example, you prefer to wait several weeks before making an injunction application. We would, however, explain the possible legal implications this may have. This is because, yes, time is an issue in law. To make an emergency application there will usually need to be a recent use or threat of violence within the last seven days (this may be different if, for example, someone has been in hospital for several weeks prior to making an application or there have been bail conditions for the last month).

This means that an application for an injunction on an emergency basis, must be made as soon as possible. The law does not say ‘as soon as conveniently possible’ because this is inconsistent with an urgent need for protection. Of course, the benefits of obtaining an injunction sooner rather than later are self-explanatory – you have a stronger case and legal protection much quicker than otherwise

There are two ways to obtain an order. If the most recent incident is more than 10 days ago you may still be able to apply for an emergency (without notice) order. The most common reasons are when someone has been in hospital, or the abuser has been serving a prison sentence or released with bail conditions following an arrest.

If the conditions for an emergency order don’t apply, NCDV could help you make an ‘on notice’ application for an injunction. An injunction obtained ‘on notice’ is the same except you will be given a future court date when the injunction application will be heard with both yourself and the abuser present.

The injunction would have the same powers attached to it and breaching the order is a criminal offence so the police could arrest if the order is breached.

Our main concern is your protection and welfare, so it is not a problem if you choose to take no further action with us. We will, of course, discuss your decision with you to make sure you feel safe and secure, so please make sure you call to let us know. If you change your mind, simply get back in touch and we will pick up your case from where we left – no one will judge you for having changed your mind and we understand this can feel like a scary step.

However, you should be aware, as detailed in the above paragraphs, that time is an issue and if you change your mind after a number of weeks and there has not been another incident, then it may be that your application would have to be made ‘on notice’.