Support for Professionals
Providing advice and information on court orders
- Do give your client information about what injunctions are and how they work but do not present them as a guarantee of safety as this is inaccurate. Be aware that many perpetrators of domestic violence regularly and repeatedly breach (break the terms of) injunctions. Some perpetrators may become more violent and abusive if they know that their (ex) partner is trying to get an injunction against them. Always ask clients who are considering trying to get an injunction whether they think that their (ex) partner is likely to obey a civil court order.
- Remember that injunctions are not free and that using a solicitor to obtain one may cost thousands of pounds. Many clients are ineligible for help with their legal costs. Refer such clients to any viable alternatives that you know of where they may be able to obtain free legal advice.
- Remember that clients do not always get what they apply for in court (they should seek expert advice about the likelihood of success).
- Do not assume that a client who has an injunction is safe and doesn't need alternative help (e.g. safe housing).
- Never tell your client that she must get an injunction (for all the reasons already listed). If you are a housing officer/advisor you should not tell a client who is considering making a homeless application due to domestic violence that she should get an injunction as an alternative to the application. This advice would breach the code of guidance (para 6.20) and could leave a client at continued risk of probable violence.
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