What is it?
This order is to protect young women/girls who are at risk of FGM/C. It can also aid in further protecting individuals who have already been subjected to this crime.
How does it work?
It works by setting rules and imposing restrictions. This order can be made against several perpetrators and against those not named within the order. If an individual breaks any of these terms, it is a criminal offense, and they can be arrested, charged, and convicted in a criminal court. These orders will remain in force until otherwise directed by the victim or the courts.
In some instances where a child is at high risk and potentially facing forced marriage, the High Court can initiate Wardship. This means that the High Court will hold parental responsibility for the child alongside the parents/carers.
Here are some examples of the terms that the order can contain and enforce:
A requirement for parents/carers to work alongside professionals
Forbid the respondents or anyone else from removing the victim from the UK or a specific area
Forbid the perpetrators from making arrangements for FGM/C against the victim either within the UK or outside the UK
Instructions for the victim/perpetrator to surrender their passports/travel documentation to the courts
Forbid the perpetrator or victim from applying for new passports/travel documentation
Not to contact the victim directly or indirectly (indirectly to mean passing on a message through someone else) via letter/phone call/text/email/social media
Not to attend the property of the victim
Not to attend or enter any property they believe the victim to be in
Not to go within a certain distance of the victim/their property/place of work/children’s schools
Not to enter the town (within a certain distance) of the victim
Not to post or publish threatening or derogatory communication to or about the victim on social media
Not to use or threaten violence against the victim
Not to intimidate, harass, or pester the victim
Not to damage or attempt to damage any property belonging to the victim
Not to encourage or instruct any third party to breach any of the terms on behalf of the perpetrator
It is important to note that the terms of these orders and how they are worded are extremely important. A slight miswording could result in a failure to secure a conviction after a breach of these terms.
Who can apply and how?
You can apply for this order yourself. If you are under 18, you may do so if you have legal representation, or the court agrees that you can without an appropriate adult. Local authorities, including the police, may apply on behalf of an individual/child, and other professionals or third parties (such as family/friends/teachers). Courts themselves may also impose this order without an application to coincide with another court order or during criminal prosecutions. Professionals do not need the permission of the victim to obtain this order. There is no fee to apply for this order.
How do I apply?
Individuals must fill out the FGM001 form and present it to their local family court or the High Court in London. Third parties must first seek permission from the court to apply using the FGM600 form. Please note you can also fill out a supplementary C8 form if you wish to keep your details confidential from the perpetrator.
Can it be made in an emergency?
Yes, this order can be issued without notice (ex-parte in court terms), meaning they can be applied for in an emergency without the perpetrator knowing. This is particularly helpful if you are concerned about repercussions. They are often done on the same day as the application or within 48 hours. Alternatively, a with-notice application would be where the perpetrator is informed of the proceedings before the first hearing.
What evidence will I need?
There are many things you can use as evidence for an FGM/C protection order, and you will also be asked to prepare a written statement with your own testimony detailing why you’d like the order and some history for context. Please note that having physical evidence isn’t always needed; it can just be helpful. Things you may wish to include:
Photographs of injuries/damage to property
Any evidence of arrangements/travel
Call logs or any evidence of harassing communication
Case numbers of any police reports/incidents/convictions
Letters of support from case workers/organizations/professionals/GPs/therapists/teachers that are supporting you
What happens after the application?
You will be required to attend court. If it is an emergency without notice application, the order will be temporarily issued, and papers physically served to the perpetrator. If it is unsafe for you or someone you know to serve the documents, you can request that the court does this for you. Use the D89 form. If you have legal representation, your solicitor will organize a process server for you.
Please note, the order is not in place until the paperwork has been officially served.
You will then be required to come back for a further hearing, usually within 2 weeks, and the perpetrator will be invited to attend the hearing. If it is a with notice application, this will be your first hearing. The court will examine the statements from both parties and will ask the perpetrator if they agree to the order or not. If they agree, this can be granted immediately. If they do not agree, then you will be required to attend a contested hearing. The order can be granted temporarily until such a hearing.
What is a contested hearing?
This order effectively goes against a person's human rights, and so they must legally be given the opportunity to prevent it from happening. During a contested hearing, both yourself and the perpetrator will be required to give evidence and ask the other party questions based on previous statements. (Please note, only legal representatives are allowed to physically ask the questions. Direct cross-examination is forbidden when domestic abuse is present). So, basically, someone else will ask the questions for you and them.
After evidence is given, the court will make a decision to grant or deny the order. Family court's standard of proof is based on the balance of probability (what they believe is most likely the truth), which is different from criminal court, which requires a beyond reasonable doubt standard (essentially more physical evidence). Effectively, someone can be found guilty of incidents or behavior that hasn't been proved in criminal court.
Will I have to see them?
Not necessarily. You can ask for special measures, which include separate entrances to the court, screens within the courtroom, or you could be granted permission to attend via video link.