Home » Answers Hub » Injunction proof of service
A statement of service confirming who served the order, on whom, when, where and how, filed with the court. Because breach proceedings, whether criminal for a non-molestation order or committal for other orders, depend on proving the respondent knew of the order, the statement of service is the foundation document, and the server may be required to give evidence if service is disputed.
The statement identifies the respondent by description and, where possible, by their acknowledgment of their name; lists precisely which documents were handed over, including the order, application and any statement or return date notice; and records the date, time, address and manner of service. Where the respondent refused to take the papers, it describes how they were nonetheless brought to their attention, for example placed at their feet after the nature of the documents was explained, which the law treats as good personal service.
When a protected person dials 999 alleging breach of a non-molestation order, officers act far more readily where service is a matter of record rather than assertion. Practice is therefore to lodge the order and proof of service with the local police, so the question never delays an arrest decision. For occupation orders with a power of arrest attached, delivering the documents to the police is part of the standard post service routine.
Respondents facing enforcement sometimes claim they were never served or that the person served was someone else. A professional server’s contemporaneous notes, and their availability to give evidence, resolve this quickly; our statements are drafted to the standard the committal jurisdiction requires, and our servers attend court where needed as part of the service.
Tremark's nationwide team of process servers completes most instructions at a fixed fee, with a certificate of service included as standard. Get an exact price for your instruction in under a minute.
Get an instant quote or find out more about our process serving servicesPrefer to put your question to a person? Send the team a message and we will come back to you promptly.
This page provides general information about the law and practice in England and Wales and is not legal advice. Rules change and individual circumstances vary; always take advice from a solicitor on your specific situation. Prices shown are indicative, exclusive of VAT and confirmed in writing before any work begins.