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The National Centre for Domestic Violence How we obtain an injunction

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The National Centre for Domestic Violence How we obtain an injunction. Sue Collins Training Programme Manager. Introduction Our Process. Who is NCDV and what do we do? Contacting us What happens when a call is received? Legal Aid assessment Completing the paperwork Going to court - PowerPoint PPT Presentation

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Page 1: The National Centre for Domestic Violence How we obtain an injunction
Page 2: The National Centre for Domestic Violence How we obtain an injunction

1. Who is NCDV and what do we do?

2. Contacting us

3. What happens when a call is received?

4. Legal Aid assessment

5. Completing the paperwork

6. Going to court

7. Serving the papers

8. How long does it take?

Page 3: The National Centre for Domestic Violence How we obtain an injunction

Before we start

What we do – Non Molestation OrdersOccupation OrdersProhibitive Steps Orders

Established 2002

Obtained over 30,000 injunctions

Currently obtaining 29% of all UK injunctions

Receive 6000 calls per month

Trained over 5000 McKenzie friends

Trained over 8500 Police Officers

Page 4: The National Centre for Domestic Violence How we obtain an injunction

Contacting us

FREE PHONE

TEXTEMAIL

Refer Direct

Web site

POLICE AGENCIES

Referrals

Head OfficeGuildford

Refer Direct App

Page 5: The National Centre for Domestic Violence How we obtain an injunction

What happens when a call is received?

FIRST STEPS TEAM

RISK ASSESSMENT

ON NOTICE

WARNINGLETTER

Legal Advice

General Support

Women’s Aid

Refuge

WITHOUT NOTICEEmergency Application

Family Law ActRecent act 10 days max

Bail conditionsExisting Solicitor

Association

Page 6: The National Centre for Domestic Violence How we obtain an injunction

Legal Aid assessment – Funding the application

Online Civil Legal Aid Calculator

Full Legal Aid Contribution Legal Aid

Contribution unaffordable

Contribution accepted

Paperwork Only

McKenzie Friend

Court

Solicitors

How much is a Non Molestation order?How much is a Non Molestation order?

Page 7: The National Centre for Domestic Violence How we obtain an injunction

New regulations

Any family proceedings legal aid requires(e.g. child contact/residence/divorce)

Evidence of Domestic Violence

Evidence

What has changed ?

MOJ takes over Legal Aid from LSC

MARAC Doctor Conviction Caution Social Refuge Non-Mol

What is needed ?

Page 8: The National Centre for Domestic Violence How we obtain an injunction

Trained staff/solicitors/barristers take statements

Completing the paperwork

Checked and double checked“Read back to applicant”

Sent to Solicitor / McKenzie friend “Text message to applicant”

Statement questionnaireRespondent Information

Witness StatementNotice of Action

Means 1Means 2FL401App3C100C1A

Page 9: The National Centre for Domestic Violence How we obtain an injunction

Going to court

Mapping software Meet solicitor at most convenient court Hearing approx 10-15 min

Order granted

ApplicantLocal court to applicantLocal solicitor to applicantS

Page 10: The National Centre for Domestic Violence How we obtain an injunction

Keeping the Applicant updated

Serving the papers

Court Order granted

Process server (Retired Police)

Service attempted

Service successful85% within 24 hours

Deliver order to local police station

ASSIST Database

Auto email/text

Auto email/text

Auto email/text

Auto email/text

Page 11: The National Centre for Domestic Violence How we obtain an injunction

Initial call

Risk assessment

Statement taking

Drafting Paperwork

Allocating a Court

Engaging a solicitor

Court Appearance

Serving the order

Time of process

Page 12: The National Centre for Domestic Violence How we obtain an injunction

Summary

1. Contacting us

3. Legal Aid assessment

4. Drafting the paperwork

5. Going to court

2. What happens when a call is received

6. Time for process

7. Investments:

Mapping Software Assist Database Refer Direct Mobile

App

Page 13: The National Centre for Domestic Violence How we obtain an injunction

Best way to refer – easy to find us

1. Contacting us

3. Legal Aid assessment

4. Drafting the paperwork

5. Going to court

6. Mapping software

2. What happens when a call is received

7. Time for process

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