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Advise on cost please

  • cavalino
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22 Jun 11 #274259 by cavalino
Topic started by cavalino
Hi,can some one please tell me how much a restraining order should cost me?and is this the same as an injunction?
Many thanks

  • .Charles
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22 Jun 11 #274293 by .Charles
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An injunction is a restraining order. There are different types of injunction but if you are married or have children and you seek protection from the court you would normally obtain a non-molestation order under The Family Law Act 1996.

If you are paying privately it is likely that you will have an ex parte hearing to obtain the order and a return hearing where the other side will give an undertaking to the court order agree to the order. The cost up to this point is likely to be around £2500.00.

If the application is defended there may be a third hearing. The costs to the end of the hearing will probably double the costs that you have already incurred.

It is possible to deal with the matter yourself and only incur the court fee (around £40 from memory) but the process is not for the feint-hearted.

Charles

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22 Jun 11 #274296 by tinkerbell1606
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i was able to obtain ex parte non molestation order with the help of the local domestic abuse services, total cost £60.00!Cost of baliff to serve said order another £60.00. Not as daunting as the lawyers might have you beleive, and a lot cheaper!

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23 Jun 11 #274332 by .Charles
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It may not be daunting providing their is a viable support network.

I do however recall a case where a husband had committed many acts of violence upon his wife of a period of several years. The wife was eventually hospitalised and decided to obtain a non-molestion injunction. The husband defended the injunction and acted in person. When the matter proceeded to trial the husband cross examined the wife directly which was particularly harrowing as he kept referring to himself in the third person i.e. "you say in your statement that the respondent punched you in the face after you had smashed a glass. I put it to you that the respondent was defending himself as you intended to throw the glass at him".

Had the wife acted in person she would have had to cross examine the husband who had beaten her and hospitalised her. She was terrified.

In the circumstances legal assistance was required and a barrister was successful in obtaining an order.

There are many different scenarios and whilst many people are strong enough to deal with court proceedings, they need to be aware of the pitfalls and apply these to their own situation.

Charles

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