Court IDVA Service

We support clients at all levels of risk of domestic abuse seeking support through the court process but you you need to have had a recent incident that demonstrates to the court that you require protection from someone who:

• you have been in a relationship with
• you are in a relationship with
• or a family member.

You need to be committed to the process – the IDVA will explain what will happen so you understand the process before you start.

Circumstances when we may not be able to support you with a civil order:

• Extending an existing Non-Molestation Order
• If you are eligible for legal aid

An injunction is a “stay away” order, which prevents the abuser from doing certain things (e.g. contacting the victim) or enforces them to do things (e.g. to leave the home).

It is best to apply as soon as possible after an abusive incident and it can also help the victim’s case if they are able to get medical evidence from their doctor.

It may also help in supporting the victim’s case to get any other people’s evidence such as school/health visitors/neighbours/family/friends.

If the police have been called out because of a domestic related incident and you have decided you don’t want to proceed with a criminal complaint, the police, in certain circumstances, may issue a domestic violence protection notice.

The police will make an application on your behalf to the court. You don’t need to be there, it will done on your behalf, but the police will let you know that it’s happening.

This is an order to the perpetrator of the abuse to stay away for up to 28 days.

Our IDVA will phone you after the DVPO has been granted to ensure you are aware and to check if you want any support.

The court process can be very intimidating with a language and processes that most people can’t understand. Our service will:

• Guide you through the process and explain the Criminal Justice System to give you an understanding at every stage of the proceedings
• Explain the processes involved and help you understand the legal terminology
• Provide information around issues such as bail conditions and charging decisions
• Explain what particular domestic abuse related special measures you are entitled to and apply for them on your behalf
• Link you in with other specialist court services such as the Police Witness Care Unit
• Any other elements as per your specific situation will be discussed and agreed

• The Court-based IDVA service supports any victim-survivors of domestic abuse living in Oxfordshire who are going through the Criminal Justice System – Magistrates, Civil/Family, or Crown Court
• They can – where appropriate – work with the victim-survivor to apply for civil orders such as Non-Molestation/Occupation Orders (NMOs/OOs) to protect themselves and their families.

This service is currently only open to those living and attending court in Oxfordshire.

A phone call from a specialist trained Court IDVA to talk to you about your experience and your support needs. Due to the demand on the service this may take up to two weeks, so please get in touch as soon as possible so we can give you the support you need in a timely manner.

Confidential and non-judgemental support where you are listened to and believed, and where your feelings and experiences are discussed and heard so that the Court IDVA can provide the best possible personal service to you.

An injunction/civil order is a “stay away” order, which prevents the abuser from doing certain things (e.g. contacting the victim) or enforces them to do things (e.g. to leave the home).

It is possible for a court to make a number of orders where domestic abuse has occurred and the victim needs to be protected. The most common types of injunctions/civil orders used in domestic abuse cases are:

1. Non-Molestation Orders (NMO) – this type of order will prevent the abuser from harassing, intimidating, or pestering the victim-survivor or any children who live with the victim-survivor. The abuser does not have to have been physically abusive in order to obtain this type of order. If an order is breached a criminal offence will have been committed.
2. Occupation Orders (OO) – This type of order will establish who has a right to stay in the home. An occupation order can order an abuser to move out of the home or to keep a certain distance from the home. In order to apply for this type of order, the victim-survivor will need to know if they, or the abuser (or both), are legally entitled to occupy the property.
3. Domestic Violence Protection Orders (DVPO) – please see FAQ on DVPOs
4. Stalking Protection Orders (SPO) – these injunctions can be obtained by the police where they consider someone has been subjected to stalking. It enables the police to intervene early, upon conviction or acquittal, and even if they are not proceeding with a criminal prosecution.
5. Female Genital Mutilation Protection Orders (FGMPO) – these are designed to prevent any woman or girl at risk of FGM from being taken abroad or form even prohibiting someone from making arrangements for this to happen.
6. Forced Marriage Protection Orders (FMPO)- these are simply to protect anyone felt to be at risk of a marriage they do not want.

You can refer if you are:

• The victim-survivor
• Any professional supporting those experiencing domestic abuse
• A friend/family member making a referral on the victim’s behalf

Make your referral directly by filling in our referral form

• We can support you in applying for a DIY civil protective order via the Family Courts in Oxfordshire
• A civil court order prevents someone from contacting you or coming near you and can be held to account by the courts if they do break the requirements set out in the order. This is called a breach and is a Criminal offence.
• There are other types of orders available via the courts that can be applied for through a DIY application such as Contact Arrangement Orders and Prohibited Steps Orders.

The IDVA will discuss your particular circumstances, namely:

• If you are eligible for legal aid we will refer you to a solicitor.
• You need to have had a recent incident that demonstrates to the court that you require protection from someone you have been, are in a relationship or a family member
• You need to be committed to the process – the IDVA will explain what will happen so you understand the process before you start

Each order takes a number of days to complete so to ensure that it’s the best option for you, with the likelihood of successfully having it granted, the IDVA will talk through the process with you. We may feel that this isn’t the best option for you – and would always advise you to speak with a solicitor.

Because of the amount of time that it takes we will always give you a little time to reflect on if you want to proceed with it.

We are not solicitors and cannot give legal advice but can guide you through the options available to you

Excellent guidance on understanding the family courts and what is available to you can be found here.