How NCDV Can Help You

Legal language can be confusing, but when you apply for an injunction you become the “applicant” and the person that you’re seeking protection from is the “respondent”. Legal words are explained here.

The law requires that you are, or you have been, in an intimate or family-type relationship with the respondent, such as a current or former partner, a family member, or someone you co-parent with. If you are experiencing abuse from someone else, such as a neighbour or friend, we will signpost you elsewhere. If you’re unsure, we will figure this out together.

If you are eligible for an emergency application, the respondent will not be aware until the order is served on them. They do, however, have the opportunity to contest the order in court at a later date. It is usually a recent incident of abuse, violence or threat that will entitle someone to make an emergency application. There are non-emergency orders you can apply for too, which take a bit longer. We will explain the most suitable option for you depending on your situation.

We will help work out if you are likely to be eligible for legal aid funding, which means your legal fees will be publicly funded. We work in partnership with a panel of law firms based around England and Wales who will provide you with publicly funded legal representation if you are eligible. You and your solicitor will apply for legal aid funding, this is not managed by NCDV.

Depending on your financial circumstances, your legal costs may not be fully met by legal aid. The Legal Aid Agency (LAA) has stated that nearly everyone is entitled to legal aid on the basis that those with higher earnings or capital will be asked to make a contribution to the cost. Those on a low income may be entitled to full legal aid without contributions. We can help you work out your situation when we speak to you.

If you are not eligible for legal aid we can help you for free.

If you are not eligible for legal aid, or cannot afford the Legal Aid contributions, our pro bono team can help you. One of our caseworkers will prepare your witness statement and the relevant documents for court completely free of charge and talk you through the process. We will also signpost you to services that may be able to attend court with you to offer you support, if this is available in your area.

Please note you will need to provide financial evidence such as bank statements when you apply for legal aid funding with your solicitor.

Depending on your circumstances your application, including your witness statement, will be prepared by a caseworker at NCDV or your solicitor. NCDV work with applicants over the phone, you do not need to visit us at an office.

Undertaking such detailed work over the phone can take time, especially if English is not your first language or you require help to communicate, but it’s important your application is legally sound.

We will do our best to make this process easy and efficient. We can assist with interpreters when necessary.

You can make a significant difference to the ease and speed of your application:

• Pick up when we call you, if possible, or call us back promptly if you miss our call. We will try to get hold of you several times.
• Provide your financial documents as soon as possible when applying for legal aid with your solicitor.
• Stay as calm as possible when we talk with you. We understand this is a difficult and stressful time and we will try to be as sensitive as possible, but please understand that our employees have no control over legal requirements, court processes or legal aid frameworks.