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getting an injunction

(4 Posts)
bez Tue 17-May-05 16:51:25

A friend is having trouble with her husband(violence), does anyone know how an injunction is arranged. Obviously first step is solcitor as she doesnt want to involve police but she doesnt know where he lives so how would they inform him of the injunction, and does it go to court and if so does she have to attend

kid Tue 17-May-05 17:15:04

I think she would have to attend. My sister has had injunctions out in the past. She had to give a statement to a solicitor and then an emergency injunction was issued and a court date set.

The papers had to be served so the person the injunction was against had the opportunity to attend court to put their case forward. I think the injunction was for 6 or 12 months.

Chickpea Tue 17-May-05 17:46:18

Hi Bez,
I am a solicitor and did work in matrimonial beofr qualifying a few years ago.
Your friend must go see a solicitor. The Sol will make an application to the Court for an ex parte application for a non-molestation order (if of course they consider on the facts that you are likely to get the order)She may also need an occupation order which ousts him from the matrimonial home but this is more difficult to get.
Your friend would then be able to go to court and apply for an order - she would probably have to attend but Ex parte means that the order can be made with only your friend's application and court attendance and the husband would be unaware of the proceedings at this stage. The Court would make a decision whether to grant the order on your statement but this is a short term solution and a return date would have to be arranged where the husband would have the opportunity to defend the order.
He would find out about the order once it was served on him and this is usually done in person by a third party who is uninvolved and employed specifically for this purpose.
This is in a nutshell and first priority should be to see a solicitor. The Law soc would be able to put her in touch with a local solicitor.
Hope this helps.
Good luck to your friend.

bez Tue 17-May-05 17:46:28

Thanks kid, anyone else know anything more

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