Common questions on the domestic violence legal process
If I move to a refuge, will my partner, or former partner, find out where I am?
At your request the Court will not disclose your address. You may give an alternative address, such as that of your solicitor, as long as you ensure that any documents will reach you there.
You will have to give your address to the court but it may be withheld from your opponent and excluded from any documents given to him, subject to the court’s approval.
Can I get an injunction without my partner or former partner finding out?
Quite possibly. If you are in initial immediate danger of serious injury the application for an injunction may be made to the court without the prior knowledge of the offender. This is called a without notice application. The offender will only find out once he is served with the order i.e. when the court order and supporting documents are delivered to him in person.
If there is no emergency, notice of the proceedings must be given to the offender by way of personal delivery of the court papers. If the court grants you an injunction without notice, you will almost always have to go back to court a second time, known as a ‘return date’, and this is when the offender is given the opportunity to put his case to the Judge.
Will my friends or neighbours find out if I take legal action?
No. Family court proceedings are usually held in private. No-one else other than those involved is allowed in, apart from committal proceedings that occur when an order is breached. In these circumstances the case is held in open court.
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