Urgent help needed to avoid drunken Ex invading family home(see from post 31 please)

kj*daisy

She needs to go and see a solicitor about obtaining some sort of restraining order asap.

silvercar

See a solicitor this morning, by this afternoon they will have got a judge to rubber stamp a restraining order that prevents him going within 50 metres of her home, hopefully.

garageman

kj*daisy wrote: »

She needs to go and see a solicitor about obtaining some sort of restraining order asap.

I understand what you are saying, but even through the violence, she couldnt even get a harrassment order....but she will definately try again....

garageman

silvercar wrote: »

See a solicitor this morning, by this afternoon they will have got a judge to rubber stamp a restraining order that prevents him going within 50 metres of her home, hopefully.

She has an appointment for Tuesday...but see above....No one ever seems to have taken this seriously

Debt_Free_Chick

garageman wrote: »

He was threatened with a harassment order some months ago and eased off a bit....but as he was on probation, the police didnt serve it, as if he broke it, there was no roominthe prisons to send him to...

Help and advice need please to stop this from happenning.....this could become real very shortly.

This is easy. She needs to apply for a Non-Molestation Order under the Family Law Act. READ THIS.

It's a straight forward County Court procedure. No legal representation is required, but I strongly recommend she gets some advice. She can get free advice from a number of charities - google

domestic violence non molestation order

At the same time, she should apply for an Occupation Order, giving her and the kids the right to occupy the property and banning him from it.

Sort this out now!!

or some other similar combinations

Try the local Council - but specifically ask for the Domestic Violence unit.

Haven't the Police involved the Domestic Violence unit? Or have they only been involved with regards to the property/possessions issues?

Call the local Police and ask to speak to the Domestic Violence duty officer.

If she hasn't already done so, she now needs to keep a full diary cataloguing every single event, contact and "conversation" she has with him.

I'll post separately regarding the property.

garageman

silvercar wrote: »

See a solicitor this morning, by this afternoon they will have got a judge to rubber stamp a restraining order that prevents him going within 50 metres of her home, hopefully.

We suspect he has given up his job, to seek FREE legal advice, obviously he will not tell his solicitor of his debta and drink/drug problems....his solicitor will no doubt tell him to harrass my sister and to move back to the house that he half owns.

He can charm people when he puts his mind to it.....

geordie_lass_2

My advice would be for your sister to speak to Womens Aid who are experienced experts in these sort of situations. They can help her get away from this man, move to a new area and start a new life. They will also put her in touch with excellent solicitors who are well used to this kind of thing. There is a lot of practical help and support available through these wonderful people. The day she phones them is the first step in regaining control of her life.
http://www.womensaid.org.uk/

garageman

Debt_Free_Chick wrote: »

This is easy. She needs to apply for a Non-Molestation Order under the Family Law Act. READ THIS.

It's a straight forward County Court procedure. No legal representation is required, but I strongly recommend she gets some advice. She can get free advice from a number of charities - google

domestic violence non molestation order

or some other similar combinations

Try the local Council - but specifically ask for the Domestic Violence unit.

Haven't the Police involved the Domestic Violence unit? Or have they only been involved with regards to the property/possessions issues?

Call the local Police and ask to speak to the Domestic Violence duty officer.

If she hasn't already done so, she now needs to keep a full diary cataloguing every single event, contact and "conversation" she has with him.

I'll post separately regarding the property.

Thanks for this...information passed on...

Debt_Free_Chick

Re the property. They were not married so the usual split of assets applicable on divorce doesn't apply here.

Her name is on the deeds - presumably as joint tenant and not tenants in common. In other words, they own the property 50/50. She will not get anything else unless he agrees. His responsibilities for housing, feeding and clothing the kids will either be by mutual agreement or a job for the CSA.

The general rules are .....

Her possessions are her own. These are the possessions she brought into the relationship and those acquired, with her own money, throughout the relationship.

His possessions are his own. These are the possessions he brought into the relationship and those acquired, with his own money, throughout the relationship.

Joint possessions are those to which they contributed jointly or bought from a joint account, during the relationship. The share they own is 50/50 unless it can be demonstrated otherwise i.e. unless she has evidence that she contributed 70% of the cost, for example.

The property is owned 50/50 unless there is an agreement (declaration of trust) showing that it's shared differently. Even if she had contributed nothing, her name is on the deeds so she owns 50% of the property. You only need to demonstrate that you contributed towards a share of the property if your name is NOT on the deeds. If your name is on the deeds, you have a 50% share in the property - period!

They need to decide how to split the property and the jointly owned assets. Joint assets would usually be traded e.g. you get the TV, I'll have the sofa etc.

The property - well she wants to sell, yes? She needs his agreement. If he won't agree .... the diary is important. She needs to show that she's asked him to agree to sell. If preferred, she can put this in writing e.g.

With regards to the property at 6 Acacia Avenue, LaLa Land I am writing to ask that you discuss and agree with me the arrangements for placing the property on the market, for sale. Please contact me within the next 7 days.

I suggest she attempts twice to get his agreement and see where this goes. Ultimately, if he does not agree, she can apply to the court under the Trusts of Land and Appointment of Trustees Act for an order forcing the sale of the property.

I guess she doesn't want to deal directly with him, though? If not, then mediation is the way to go. Google for family mediation for more information.

HTH

garageman

Debt_Free_Chick wrote: »

Re the property. They were not married so the usual split of assets applicable on divorce doesn't apply here.

Her name is on the deeds - presumably as joint tenant and not tenants in common. In other words, they own the property 50/50. She will not get anything else unless he agrees. His responsibilities for housing, feeding and clothing the kids will either be by mutual agreement or a job for the CSA.

The general rules are .....

Her possessions are her own. These are the possessions she brought into the relationship and those acquired, with her own money, throughout the relationship.

His possessions are his own. These are the possessions he brought into the relationship and those acquired, with his own money, throughout the relationship.

Joint possessions are those to which they contributed jointly or bought from a joint account, during the relationship. The share they own is 50/50 unless it can be demonstrated otherwise i.e. unless she has evidence that she contributed 70% of the cost, for example.

The property is owned 50/50 unless there is an agreement (declaration of trust) showing that it's shared differently. Even if she had contributed nothing, her name is on the deeds so she owns 50% of the property. You only need to demonstrate that you contributed towards a share of the property if your name is NOT on the deeds. If your name is on the deeds, you have a 50% share in the property - period!

They need to decide how to split the property and the jointly owned assets. Joint assets would usually be traded e.g. you get the TV, I'll have the sofa etc.

The property - well she wants to sell, yes? She needs his agreement. If he won't agree .... the diary is important. She needs to show that she's asked him to agree to sell. If preferred, she can put this in writing e.g.

With regards to the property at 6 Acacia Avenue, LaLa Land I am writing to ask that you discuss and agree with me the arrangements for placing the property on the market, for sale. Please contact me within the next 7 days.

I suggest she attempts twice to get his agreement and see where this goes. Ultimately, if he does not agree, she can apply to the court under the Trusts of Land and Appointment of Trustees Act for an order forcing the sale of the property.

I guess she doesn't want to deal directly with him, though? If not, then mediation is the way to go. Google for family mediation for more information.

HTH

All taken in and noted...although all of this has taken a back seat, as the main thing is to stop him moving back in.....

How long would the molestation order take, and is it guaranteed....