The NCDV service is free, fast and user-friendly, usually helping you obtain an emergency injunction within 24 hours from when you first contact us. The stages described below provide an outline of our usual procedure.
1 » We assess your eligibility for an emergency injunction
- You (the applicant) and the respondent are ‘associated persons’
This is determined by s.62(3) of the Family Law Act 1996. The list of associated persons is very wide-ranging, covering all domestic violence relationships.
- There has been a recent use or threat of physical violence
It is (usually) only a recent use or threat of physical violence within the last 10 days that will entitle someone to make an emergency application (this may be extended if there are bail conditions or the respondent has been in prison etc).
2 » We identify the best course of action for your case
- If you are eligible for legal aid we will work alongside a firm of solicitors
NCDV’s Member Panel consists of Legal Aid solicitors who will provide you with publicly funded legal representation. The Legal Aid Agency (LAA) has recently 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. Please note this cost may not be payable (eg. people on a low income can be entitled to full legal aid without contributions) and any potential contributions are only ever payable to the LAA – our service is provided 100% free of charge.
- If you are not eligible for legal aid one way we can help is to connect you with a McKenzie Friend
If you are not eligible for legal aid, or cannot pay the contributions, we will allocate you a McKenzie Friend if there is one available in your area – they are trained, experienced caseworkers who can prepare the injunction application on your behalf and assist you at court (in most circumstances).
3 » A caseworker will contact you to prepare your injunction application
- A caseworker will take a statement from you (usually over the telephone)
NCDV will need to prepare a statement that sets out why you need the injunction. Once completed, we can arrange a time for you to go to court. NCDV will also help you to arrange to serve the order to make sure that having obtained the injunction, the respondent is found and served with the injunction. This is explained in more detail by the helpline adviser and caseworker.