Occupation order

Jatboy

Evening all,

I just needed some help and guidance on a personal matter that I am currently going through.

I am a victim of domestic abuse and recently left my home, with my three children as my husband refused to leave the home. He is adamant on not leaving and says he wants me to comeback. However, the risk is too high. He has thrown items at me and the children and even pushed me down the stairs. I have some evidence from my doctor, but the evidence from the police was not that strong as i did not press charges.

I have applied for an occupation order and have a finally got a hearing next week. I need advice on what to do and how to prepare for this.

What preparation should I do in advance?
Will my husband be allowed to attend the hearing?
Should I hire a barrister to fight my case for me?
If I am unsuccessful, what are my options?

many thanks.

Jat

thorsoak

Contact your local Womens Aid - see https://www.womensaid.org.uk/

They will be able to give you advice and support x

Sicard

Plus don't believe his crawling apologies and that he'll change. He won't.

Knightsuntold

Jatboy wrote: »

Evening all,

I just needed some help and guidance on a personal matter that I am currently going through.

I am a victim of domestic abuse and recently left my home, with my three children as my husband refused to leave the home. He is adamant on not leaving and says he wants me to comeback. However, the risk is too high. He has thrown items at me and the children and even pushed me down the stairs. I have some evidence from my doctor, but the evidence from the police was not that strong as i did not press charges.

I have applied for an occupation order and have a finally got a hearing next week. I need advice on what to do and how to prepare for this.

What preparation should I do in advance?
Will my husband be allowed to attend the hearing?
Should I hire a barrister to fight my case for me?
If I am unsuccessful, what are my options?

many thanks.

Jat

So sorry to hear what you're going through.

I'm not sure what your financial circumstances are, but you may be able to qualify for Legal Aid - https://www.gov.uk/legal-aid/domestic-abuse-or-violence or at least gain Civil Legal Advice.

Courts can be quite intimidating if you're not used to the environment or know what to expect. If you can get legal representation, I would do.

Good luck - I really hope it works out for you.

TBagpuss

What preparation should I do in advance?

I presume that you provided a statement with your application?
Take a copy of that with you.

Have some clear notes of what else you want to say to the Judge - be prepared to explain how you expect to be able to meet the costs of running the house, what enquiries you have made about alternative accommodation for you and the children and what alternative options your hsuband would have - e.g. does he have family locally he could stay with short term, are their joint savings or does he have assets which would enable him to rent somewhere etc.

Have you arranged for the application to be served on your husband? Normally an applciation for an injuction has to be be personally served , although the court may be able to help with this if you are acting in person. As you mention a date next week I assume you are making the application on bnotice. Sergice has to be at least 2 full (working) days before the hearing so you need to check this has been done

Will my husband be allowed to attend the hearing?

Yes, of course. Although you have good reasons, you are asking a court to deprive your husband of his kegal rtight to live in his own home, he has a right to give his side of the story as well. If you contact the court they should be able to arrange for you to wait in a diferent area from him, and if you are in contact wioth a local domestic violence support group they may well be able to arrange for a support worker to go to court with you (although it would be up to the judge whether that person is allowed into the court room itself)

Should I hire a barrister to fight my case for me?

If you can, yes. Get a barrister or solicitor.

Depending on your finacial position you may qualify for legal aid - domestic violence is one ofthe very few areas where it is still available. https://www.gov.uk/check-legal-aid

If I am unsuccessful, what are my options?

Start divorce proceedings as soon as you can, and make a financial application so that a udge can decide what the long term arrangments in relation to the house and other assets should be. you would also, in the short term, be able to apply for child support.

If you cannot get an injunction and your ex will not move out volunarily then you can move into rented accommodation yourself. If the house is owned in joint names, this doesn't change your legal rights to it at all. If it is held in your husband's sole name, then register your matrimonial home rights with the land registry as a matter of urgency, as thismakes it much harder for him to ttry to sell or remortgage the house without your knowledge, before you can get a proper settlement.

In the mean time, contact the police in relation to each and evey further incident - they may be ableto take action even if they did not have enough evidence on the previous occasions - also ask them about thwther they can take steps under the protection from harassment act if his actions fall short of criminal asssault.

You can also ask the police to refer you to a local womens refuge - this would potentially give you somewhere to go short term and the refuge would be able to help you in finding more permanent accommodation.

you could also contact your local council to see whether they can help.

Once you are separated, even if you don't start divorce priceeedings immediately, you can apply as a single person for any benefits or tax credits you may qualify for.

Guest101

Jatboy wrote: »

Evening all,

I just needed some help and guidance on a personal matter that I am currently going through.

I am a victim of domestic abuse and recently left my home, with my three children as my husband refused to leave the home. He is adamant on not leaving and says he wants me to comeback. However, the risk is too high. He has thrown items at me and the children and even pushed me down the stairs. I have some evidence from my doctor, but the evidence from the police was not that strong as i did not press charges. - You don't press charges in the UK...

I have applied for an occupation order and have a finally got a hearing next week. I need advice on what to do and how to prepare for this. - quickly! But what application did you make, s.44/45 family law act for non-mol?

What preparation should I do in advance? - Gather evidence, you should've submitted it already I believe.
Will my husband be allowed to attend the hearing? - Possibly. Certainly if not, there will be a second hearing.
Should I hire a barrister to fight my case for me? - No, a solicitor will do just fine.
If I am unsuccessful, what are my options? - Move out

many thanks.

Jat

Need more info on what application you have made