What if someone wants an Order or gets an Order against you?


5.3 What if someone wants an Order or gets an Order against you?

If someone complains of your aggressive behaviour then the simplest way to prevent any further problem is of course to stop the behaviour, if the complaint is a legitimate one. On the other hand, it may not be a simple straightforward matter. There may be a genuine dispute about what has actually happened, about who has done what and to whom.

If you see a Solicitor he or she may be able to put forward your side of the case to clarify matters and to avoid further problems.

If you are served with papers which have a Court hearing date you should immediately see a Solicitor about being represented.

Likewise if a Court Order is served upon you then you may well want legal advice about what it means and what you should do.

It may also be that obeying the specific terms of a Court Order causes other problems of a different nature – such as difficulties about seeing your children or getting your own belongings out of a house. A Solicitor can help you to resolve these problems. It is far better that you communicate in these circumstances through a Solicitor rather than try to sort it out yourself, for by doing so you may perhaps breach the Court Order and place yourself in trouble. It is easy to get agitated in an attempt to sort things out yourself when the person who got the Order against you obviously does not want to talk to you.

If you are required to go to a Court hearing of an Application for an Order against you, then you may well want representing in Court. It may not be possible to get Legal Funding to cover you for such representations. The Legal Services Commission have long taken the view that if you have done nothing wrong you will not mind continuing to do nothing wrong! They may expect you to give a formal promise to the Court to say that you will refrain from certain behaviour against this person. This promise is known as an “Undertaking” and is a formal promise to the Court about what you will or will not do. If you breach this “Undertaking” then you may be liable to a contempt of Court/committal application by the person who originally complained about you in the same way as if a full Order had been made.

The most obvious circumstance in which you may however, still get legal funding is where your occupation of property is at risk. The Legal Services Commission may let you have legal representation to argue your case in Court. The discretion as to whether the funding will be granted rests with the Legal Services Commission and is also based on your financial eligibility.

If you are brought to Court for consideration of your breach of an Order you should usually be entitled to Legal Funding if you are also financially eligible – as your liberty is at stake and the Court could order you to be sent to prison.

“> 5.2 Getting an Order of the Court/Injunction

6. Local Authority/Social Services intervention in the family

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