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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1006
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Restraining order My daughter is working in the UK. She is

Resolved Question:

Restraining order My daughter is working in the UK. She is being harassed mentally and physically by her husband who also works in the same city and office. My daughter and her husband are expatriates. She is the main applicant and he is her dependent.
She has rented an apartment and her husband is a permitted occupant. She is ready to commence the divorce process after November 2015 after sitting a professional examination. She has arranged to stay temporarily in another apartment. She wishes to obtain
a restraining order now so that she can study in peace. Questions: 1. What does my daughter have to do to obtain a restraining order. What is the nature and form of evidence she has to provide. 2. If she has to sign a client engagement letter (also referred
to as a client care letter) will the terms of the engagement be limited to obtaining the restraining order without including any commitment now with respect to divorce or financial settlement. 3. Approximately how much will it cost, in GBP, to get the restraining
order. 4. How long will it take to get the restraining order.
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question - I am a family Solicitor and am able to help.
I am sorry to hear about the difficulties that your daughter is experiencing with her husband.
Family Courts can provide Injunctions - they are referred to as Non Molestation Orders.
The Length of time required to obtain a Non Molestation Order depends on Urgency.
If your daughter was assaulted or threatened by her husband within a few days - then the first port of call would be to call the police and report what has happened. The police may choose to charge your daughters husband and if they do they may put bail conditions in place. The Police can also issue Harassment Act warnings with conditions. If the police do take action and put conditions in place then a Non Molestation Order would not be required whilst the conditions protect her.
If the Police do not assist - and your daughter has been assaulted or threatened within a few days then she could complete Form FL401 along with providing a statement as to the background of the harassment and also detailing the recent event. There is no court fee for these types of applications. Your daughter should just turn up at her local family court and ask to be heard by the Judge that day. If the Judge is satisfied that an order is required - he will make it immediately and it will be effective once your daughter has had the order personally served upon your husband. (Process Servers normally charge circa £100 - £200 to do this.)
If there has been no recent threats then matters should still be reported to the police. Your daughter can still apply for a Non Molestation Order - but this would have to be 'On Notice'. Which means the forms would be sent to the court and a hearing date would be awaited. Your daughter would then attend, along with her husband and ask for the order.
If your daughter doesnt want to see her husband at court - then she can ask for 'special measures' which include a different entrance, different waiting room and boards up in the court.
If your daughter applies on notice and matters become more urgent - you she could to the court and ask for the matter to be dealt with then rather than waiting.
Urgent Non Molestation Orders do qualify for legal aid - although your daughter may have to pay a contribution depending on her circumstances. A Legal Aid Solicitor should be approached in this regard.
If its a non Urgent NMO then she may still qualify for legal aid but she would have to obtain domestic violence evidence first. see:
https://www.gov.uk/legal-aid/domestic-abuse-or-violence
A retainer (ccl) will be for each separate matter. Although if your daughter does qualify for legal aid - then one Solicitor may be able to do divorce and finances - at legal aid rates.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received. Please note that we receive no credit for our work or payment unless positive feedback is received.
Customer: replied 2 years ago.
Thank you Ms. Caroline. Your response has been very useful and relevant.
I wish to seek a few clarifications.Will a NMO result in my daughter's husband having to move out of the apartment where he is a permitted occupier.
My daughter wants him to move out for two reasons.
1. If he damages anything in the apartment in a fit of rage or to vent his frustrations, my daughter will be financially responsible to the owner. Later when she attempts to rent another apartment, she will receive poor references that will make in virtually impossible to find a good apartment.
2. She is the victim but she is also the one picking up the expense for the second apartment. It is more expensive. But she still remains liable to pay the rent for the first apartment as she is the sole tenant.NATURE AND TIMING OF THE HARASSMENT
My daughter's husband has been bothering her for quite some time, demoralizing her by saying she will not pass the professional exam and threatening that he would take his own life if she does not spend more time with him. He even mentioned that both of them should consume poison and take their own lives On Saturday and Sunday (15th & 16th August) he became restless and demanded physical intimacy. She had locked herself in the 2nd bed room in the apartment and he banged on the door late at night and very early in the morning demanding that she open the door.
She locks herself in her bed room after she returns from work in order to study for her professional exam. It is difficult to study in the bedroom as a table and chair are not available and lighting is poor for studying. The table and chair are in the living room and lighting is more suitable for studying. But she is afraid to use the living room because her husband bothers her there. In fact when she had dinner with him in the living cum dining room, he stated getting intimate even though she was asking him to refrain.
Her husband prevents my daughter from buying "heat and eat" food because these are not fresh. She needs such food at reasonable intervals to save time for studying.
The persistent botheration and the anxiety of what to expect next is disrupting her concentration to study. She does not have earned leave to study so every moment after office hours and on week ends is extremely valuable. This is being wasted because of her husband.
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
If the police impose bail conditions then one such condition could be that he is unable to return whilst the bail conditions are in place.
Non molestation orders can exclude someone from going to a property however this is more often used when the respondent has their own residence. Your daughter should apply for an occupation order at the same time - it's on the same form FL401. Judges don't like making people homeless so the occupation order won't get decided straight away. Your daughter needs to prove that he has the means to go elsewhere.
If a NMO order is made and he's still at home (can happen) if he breaches - call police - they will investigate and might also then to exclude him as part of the bail conditions.
I am concerned about his attempts to try and get her to take poison over the weekend. I suggest she gets on the phone to a legal aid solicitor tomorrow and also reports matters to the police.
Help should also be sought from a Domestic Violence Service. Try Refuge:
http://www.refuge.org.uk
Kindest Regards
Caroline
Positive feedback gratefully received.
Customer: replied 2 years ago.
Thank you very much Ms. Caroline.
This is the last question for now and I will rate your service as excellent.
I would like to contact you separately for further urgent services. My email address is***@******.***
Please send me an email with your contact details as soon as possible.Question:
My daughter had verbally informed her husband on 2nd August 2015 that she was no longer interested in living with him and would like to file for Judicial Separation. This is an option available in India. It is a stage between marriage and divorce. The couple can then decide which way to go, towards divorce or return to the married state.
Her husband rubbished this proposal and aggressively refused to co operate. This incident happened when my wife, second daughter and I were present.My daughter travelled to London for official work. She will return on Friday.
She has informed her husband by email that she is in London for official work.
He has ben calling her but she has not answered his calls.
He has sent emails and she has responded.Today she plans to send him an email stating that she will not be returning to live with him in the apartment because he is harassing her despite several requests in the past not to do so.
She is also planning to mention in the email that he should vacate the apartment by the end of September. The fixed term tenancy expires on 24th October 2015. My daughter has to confirm to the letting agent that she does not plan to renew the rent agreement. She has to arrange to clean and clear the apartment and return it to the owners in the same condition in which they let it to her.
Her husband is employed with a salary that is adequate for him to arrange another place to stay.Is it ok to send such an email today. Do you foresee any problem.
If she does not inform him that she will not be returning to the apartment, he may report to the police or other authorities that she is missing.
I am travelling today to be with her for one week.
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
Thank you for providing me with your contact details - I am sorry but it is my understanding that this site prohibits the passing on of personal information for matters to be dealt without outside of the site.
Judicial Separation is available in the UK. It is exactly the same process as divorce- although there is only 1 decree rather than 2 in divorce. At the end the parties are legally separated and the financial aspects of the marriage can be dealt with after obtaining the decree (apart from some restrictions with pensions). At the end of JS proceedings the courts recognise the parties as separate. The parties are not free to remarry and if they want to get divorced in the future then they would have to go through the process again.
I see no difficulties with your daughters proposed email so that she is not reported as missing. I can't comment on the tenancy position as this is not my specialism.
Kind Regards
Caroline
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Can I have your contact details since I am travelling to uk today.