Non-Molestation and Occupation Injunctions Fixed Fees

Non-Molestation and Occupation InjunctionsThe specialist Family Department at Kingsley David believes that everyone has the right to live without fear for their safety and no one has the right to cause you harm or threaten you. We recognise that emotions can run high and this has been brought into the public domain recently through the Radio 4 serial, The Archers.

Domestic abuse occurs across society and although government figures show that domestic abuse consists mainly of violence by men against women, men are also abused by their partners and, unfortunately, children can also be caught up in domestic violence. Children are affected directly and indirectly by abuse and in some circumstances children can be protected by the use of Injunction Orders. Whilst abuse is often seen as physical, it can also be emotional.

Domestic violence is any incident of threatening behaviour, violence or abuse (be it physical or emotional) between adults who are or have been in a relationship together, or between family members, regardless of age, gender, race, sexuality, wealth or geography. We offer various fixed fee options. We do not offer Legal Aid here, but if you are eligible for Legal Aid, there is a network of legal aid practitioners who may be able to assist, one of which is MK Family Law. You may have questions about the different options so please contact us to discuss them.

The fixed fee service may be of benefit to you to help you to budget at this difficult time. With fixed fees, you know in advance exactly what costs you will incur. We will discuss the options available to you at the time of your initial appointment with us to decide if the fixed fee is best for you. A Non-Molestation order is an Order forbidding someone from being violent or threatening violence, pestering, intimidating or harassing you. This Order is not preventing the abuser from doing anything that he/she should not be doing in any event.

An Occupation Order can be made to either order a person to leave a home, to allow a person to return to a home, for the other person to occupy the home exclusively or might also provide for a person to occupy only certain parts of the home.

Depending on the particular circumstances of your case it may be appropriate to make an application to the Court on the same day. This is called a Without Notice (Ex Parte) Application. Normally, however, once your application has been issued at the Court office and the other person has been served with the Court Order documents, you will need to return to the Court in a few days for a hearing with both of you present. If the Injunction Order was made without you having notice it should contain a date for the next Court hearing. If you deny the allegations, you can attend the Court hearing to set out your position. You may wish to be legally represented at this hearing and therefore it is important to get legal advice as soon as you receive the Injunction Order.

We have four fixed fee options available to you which are set out below.

Option 1:

Non-molestation or Occupation application without notice to the other party: £500 including VAT

This package includes:

  • Advising you on procedure before and after court;
  • Advising and assisting you to draft the application and accompanying sworn statements;
  • Advising you on issue and service.
  • Providing details of process servers to serve the completed application
  • The provision for service of any Orders made

This does not include:

  • Representing you at court

Option 2:

Non-molestation and Occupation application on notice: £600 including VAT

This package includes:

  • Initial advice and warning letter;
  • Advising you on procedure before and after court;
  • Advising and assisting you to draft the application and accompanying sworn statements;
  • Advising you on issue and service.
  • Providing details of process servers to serve the completed application

This does not include:

  • Representing you at court

Option 3:

Non-molestation and Occupation application: £1,200 including VAT

This package includes:

  • Initial advice and warning letter
  • Advising you on procedure before and after court;
  • Advising and assisting you to draft the application and accompanying sworn statements
  • Assisting you issue the application
  • Representing you at court for the emergency application
  • Providing you with details of process servers

This package includes all the work that we can do on your behalf at Option 1 but with the added benefit of having us guide you through the court process. It does not, however, include representation or advice with regard to any further hearings.

Option 4:

Non-molestation and Occupation application and return hearing: £2,000 including VAT

This includes all of Option 3 above along with a second hearing along with preparing a brief to Counsel. Thereafter, if matters are not concluded at the second hearing then we will discuss with you further costs that will be incurred if we continue to represent you.

As these fixed fee packages are designed to keep the fees as low as possible, there are a number of possible issues or aspects of the injunction process which are not included in the fixed fee:-

  • Any court fees (this includes the fee for issuing the application);
  • Any fees incurred in trying to; a) locate your ex-partner, or; b) serve him/her with the application;
  • Dealing with your injunction if your ex-partner fights the application;
  • Any application or correspondence to try and come to a settlement
  • Any application or correspondence to try and come to an arrangement in relation to children (see our fixed-fees in relation to children)
  • Any cost for travelling or parking to a satellite Court
  • Cost of a barrister (Counsel) to represent you at a hearing. We would obtain a costs estimate prior to any hearing.