Need advice please about my pregnant sister and abusive partner

minnie123

Seems like we are stuck between a rock and a hard place - I feel unsafe her styaing their when he can get in, but if she leaves she can lose some of her rights - she needs a settlement to set her and her baby up.

gizmo111

She should report all incidents to the police anyhow.
See a solicitor asap - she should be entitled to legal aid.
This site is good re finances etc after a split www.ondivorce.co.uk
If he comes back and is still violent then she must leave.

MrsTinks

Correct - you cannot change the locks or if you do he has every right to call a locksmith or boot the door in - call the numbers already given and call her MW - they need to be aware of the situation and will step up her monitoring.
Short term: is there a bruise on her arm? If there is then call the police and arrange for her to see a GP or take her to A&E. Get it medically logged! The police can arrange for a restraining order to be taken out and can warn him in the intermediate time to stay away from the property - owner or not!
The only way she can legally keep him out is with a restraining order. Once she has that he can't come near her and if he does she just picks up the phone and call 999 and tell them he's back and she feels threatened and fear he's going to harm her.

shell_girl

If she contacts the police and reports what he's done (and if they are up to date about what they should do) then they will remove him from the property and inform your sister before he is released. This MAY give her enough time to apply for an occupation order on the property, especially if the police are able to make it a condition of his release that he stays away from the property, but that depends on whether he's charged or not. If she does decide to report it, ask for the Domestic Violence unit of the local force- they will have better understanding of what she's been through and what they can do to best help her.

gizmo111

minnie123 wrote: »

Seems like we are stuck between a rock and a hard place - I feel unsafe her styaing their when he can get in, but if she leaves she can lose some of her rights - she needs a settlement to set her and her baby up.

Leaving will not lose her any rights at all - she is still part owner and can return at any time. I suggest she moves to your house any personal valubles, and gathers up any important docs whilst he is out.
I would also if they have one sort out a joint account with the bank so he cannot draw out bill money etc to fund his night out.

MrsTinks

Ofcourse a restraining order will also help her in a divorce - I think it definitely comes under "unreasonable behaviour" if she can prove she's had to take out a restraining order - will speed things up! Might also make it harder for him to get to see the child in the future which given his violent temper might be in the childs interest?

MrsTinks

Gizmo mentioned a very good point: any joint accounts or accounts in her name that he has access to... get them closed or stopped immediately. Wouldn't be the first time we have come across someone who's vindictive ex has then cleared out all the money...

minnie123

They are not married - She has no money they have a joint account and he took her bank card off her before he left.

RAS

Do they have any joint bank accounts or cards?

shell_girl

Just a quick note to add- 'restraining' orders are not as easy to obtain as implied here, and aren't actually called that either. She could apply for a 'non molestation order' which effectively says her partner is not allowed to injure, assault or intimidate her. This, and the occupation order I mentioned earlier are the two types of injunction for domestic violence under the family law act- I think 1996.