Legal Aid for Forced Marriage

The hearing of an application for an order for protection against forced marriage is held in camera (usually referred to as a «council chamber»), unless the court decides otherwise and the minutes of the hearing are prepared. The court may allow others to be present in court, such as a friend or an independent consultant, for assistance. Applicants may be required to testify orally in court. The length of a hearing varies depending on the complexity of the case and whether or not the respondents deny the allegations. Provide details on how the court should protect you, for example by preventing you from being taken abroad to enter into a forced marriage. A Forced Marriage Protection Order (FMPO) is a type of injunction that can prohibit your abuser from doing certain things, such as: Being physically violent, contacting you directly or indirectly (by someone else contacting you), taking you out of the country, or making premarital arrangements. The injunction may also require the person named in the order to do certain things, such as surrender passports to court or ensure that a young person attends school. Violation of a protection order against forced marriage may be adjudicated by the Family Court or a criminal court. Under section 63CA of the Family Law Act, 1996, which came into force on June 16, 2014, breaching an order is an offence punishable by up to 5 years` imprisonment.

This means that the police can arrest someone who fails to comply (or «violates») an order without the court having to attach a power of attorney or the victim having to apply for an arrest warrant in family court. Read the instructions on how to get a protection order for a forced marriage. Examples of protection from forced marriage: If you need permission from the court to apply for leave on behalf of another person, complete Form FL430 to apply for a protection order against forced marriage. Forced marriage is a marriage that takes place within marriage without the consent of one or both persons. Consent means that you have given your full, free and informed consent to marry your future spouse and at the time of marriage. Forced marriage can occur when family members or others use physical or emotional abuse, threats, or deception to force you to marry without your consent. In this guide, we will identify the person(s) who force you to marry as the perpetrator. Everyone has the right to decide for himself whether he wants to marry or not.

We can help people who are facing a forced marriage or who are already in a forced marriage to apply for a forced marriage certificate from the courts. A forced marriage is a marriage that takes place without the full and free consent of both parties. Violence can include physical violence, but also emotional pressure, threats or victims of psychological abuse. Forced marriages are not the same as arranged marriages. In an arranged marriage, families take the initiative to choose a spouse, but the couple has free will and the choice to accept or reject the agreement. If you need help filling out forms, but you don`t know a friend or relative who can help you, you should consult a lawyer or a citizen advisory service. Court officials can help by explaining court proceedings, but they cannot give legal advice on the issue of individual cases or give advice on the likely outcome. What is the difference between forced and arranged marriage? If the marriage was contracted abroad, you may need to take legal action depending on whether the marriage is legally recognised in that country and in the UK. If you are a child under the age of 18 or if the local authorities consider you vulnerable and you are over 18, the municipality has the authority to request an FMPO for your protection. The request would be made by the legal department of the local authority. Local authorities do not need permission from the court, but they are obliged to determine your wishes and feelings. Web: preventforcedmarriage.org Email: [email protected] Phone: 571-282-6161 (9 a.m.

to 5:30 p.m. EST, Monday to Friday) Currently, protections for people fleeing forced marriage in the United States are limited, and protection varies from state to state. If a minor is threatened or subjected to forced marriage, state child protection laws may apply, but often child protection agencies do not know which measures are best for the person at risk or consider the proposed marriage to fall outside the definition of abuse and neglect. In some cases, a court may grant partial protection to a person facing a forced marriage (for example, by issuing a protection order), but this type of remedy can be difficult to obtain and intimidating for the person at risk. If a person is taken abroad for a forced marriage, U.S. federal agencies can step in, but there are often limits to what they can do to help a vulnerable person (especially if that person is a minor). Tahirih and our partners are working to improve U.S. laws and policies regarding forced marriage and have provided a platform for policy recommendations in consultation with advocates, survivors, and affected communities. This platform prioritizes the creation of an action plan and aims to connect federal and state agencies, identify gaps and needs, and drive and measure progress toward specific goals, including: You will need an FL401A Application for a Protection Order for Forced Marriage application form.

Here are some signs that a person may be at risk of forced marriage: A forced marriage is a marriage that takes place against your will; Or a marriage you accepted, but you didn`t really have a choice.