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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I lived with my partner in a council property for over 30 years-both

Customer Question

I lived with my partner in a council property for over 30 years-both names on the tenancy agreement.I have suffered depression for quite awhile because of her abuse to me and for a considerable time moved into the garden shed to get out of the way.In June this year I got so bad and went to my parents, where I am presently living.Unknown to me she applied for a court order to legally keep me out of the property and this I received some weeks ago.The statements in the copy of the order I received are lies and donot appear to have been submitted with any forms of proof to back them up.I, however can dispute these statements with the majority of them having tangible proof in my favour.I have been told I am unlikely to get legal aid as she did to get this order ,simply because she "got in first"I donot understand how such an order was granted with the express request that I was not informed of it being submitted and had no chance of defense.I want to put the records straight and clear my name.The theme of my partners claim is that I abused her when infact I can give tangible evidence that it was the other way round.Apparently when she called the police on one occasion to accuse me of physical assault and because the incident was witnessed by two people that it was the other way round-she assaulted me-resulting in a hospital visit,if I had pressed charges at the time, I would now be entitled to legal aid, but I was taking diazapan on prescription and was given a further dose by the police doctor on arrest and when released without charge, I had no knowledge that I was entitled to make a formal complaint and simply released after the witness statements were given in my favour.What steps can I take to get this order lifted and set the record straight of who is the abuser here.The abuse is mental and some physical. I am on the at risk register at present and was at the time the order was madewhich should have told someone who the injured party was.My name is ***** ***** I am 50 years old.Thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you actually wish t move back to the property?
Clare
Customer: replied 3 years ago.

Yes if possible.My name is ***** ***** the tenancy but she has debts galore and is quite likely to get an eviction order and no doubt that would include me as joint tenant but if the council would agree to my name remaining solely on the tenancy, my family would clear the rent/rate debts to allow me to stay.This however isnot my primary concern.The mental health team who I am with say that I would be entitled to accommodation and would find me somewhere so the primary aim is to clear my name. I have done nothing wrong except become ill but this order against me puts me down as perpertrator of the abuse, not the victim.Both my partner and my son have put me in hospital but I foolishly did not lodge a complaint at the time and as it was towards the end of last year, I am told it is now too late.

Expert:  Clare replied 3 years ago.
Hi
When was the Order made?
Clare
Customer: replied 3 years ago.

It was received on Saturday 13th September and delivered by hand.We think she went to a solicitor in Ipswich and swore her statement on the 10th and he went to the court a day or so later.There is no way she would have gone to the court herself.

Expert:  Clare replied 3 years ago.
Hi
Was it served on you personally - and when is the next hearing date?
Clare
Customer: replied 3 years ago.

Yes it was served personally.There is no next hearing date.The order gave no time limit.eg for 30 or 60 days or pending appeal in a certain time frame and as far as I am aware is ongoing until I can get it cancelled by some means or another.

Expert:  Clare replied 3 years ago.
Hi
Can you reproduce the exact wording here (no names)?
Clare
Customer: replied 3 years ago.

I donot have the document with me at present,it is in the hands of citizens advice who were trying to find a way of getting me legal aid.I will get it back from them and let you have the details but this will take a few days.I expect it is the wording of the first sheet you require and not the list of statements that followed in numerical form.

Expert:  Clare replied 3 years ago.
Hi
That is fine - and yes you are correct
Clare
Customer: replied 3 years ago.
Relist: No answer yet.
I will have your answer on Monday 20th Oct.Hope that is ok
Expert:  Clare replied 3 years ago.
Hi
That is fine - just add the details when you can
Clare