Appeal against a refusal to grant Safety order?

[MillerI]

If the family court decides they have not seen sufficient reason to grant a Safety order, is this decision appealable? I understand the order itself can be appealed, as well as its variation or its discharge. But what about the decision to not grant an order?

Must a written copy of such decision be delivered to the parties? Or only the actual order, if and when granted, must be communicated in writing (in addition to being communicated verbally by the judge at the end of the hearing)?

 

[Zobeda]

Step 4 Attend full hearing for Safety Order Barring Order or both

The guidance on the Court Service website seems to only deal with how to appeal if an order is made.

Therefore I would suggest that a call to either

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[TomEdison]

You can appeal against a refusal to grant a safety order. Appeal is to the Circuit court and I think is by way of complete rehearing — i.e. they try th the whole case again; both sides have to present their evidence and arguments again.

There will be a written order of the District Court saying, basically, "application refused". I don't know whether this will be given to you automatically or whether you have to ask for a copy from the District Court office. The written order will not give detailed reasons for the decision not to grant the application — District Court orders never do give reasons. They don't need to, because the appeal doesn't involve an examination of the DC's reasons for making it's decision; the Circuit Court just makes a fresh decision based on the evidence and arguments put to it.