- Call: 0800 970 2070
- Text: NCDV to 60777
- Email: [email protected]
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The NCDV aim to help you make an application for an emergency order within 24 hours from when we contact you. The stages described below provide an outline of our usual procedure. The specifics of your case may mean that the steps involved are more complicated but we will explain them to you fully when we speak.
You (the applicant) and the respondent need to be ‘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 family relationships.
For an emergency application there has to have 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).
If you are eligible for legal aid we will work alongside a firm of solicitors
NCDV’s Solicitors' 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 we will help you for free.
If you are not eligible for legal aid, or cannot afford the Legal Aid contributions, one of our caseworker will prepare your witness statement and the relevant documents for the application. We will provide you with a McKenzie Friend (if there is one available in your area) to assist you at court.
A caseworker will take a statement from you (over the telephone)
As soon as we get your referral we will call you. We will prepare a statement that sets out why you need the injunction. 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.
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