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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1192
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I want to leave my emotionally and mentally abusive husband<

Customer Question

I want to leave my emotionally and mentally abusive husband< I have a 3 year old daughter with him, and another 2 older children of my own. He wont allow me to work but he works full time. We live in privately rented property where do I stand financially please
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please can I ask:
- is the tenancy in joint names?
- are there any other matrimonial assets?
- please could you describe the abuse further?
- what was the last incident?
Kind Regards
Caroline
Customer: replied 2 years ago.
The tenancy is in both names, no other assets, the abuse is more control, doesnt like me going out anywhere, doesnt want me to work, hes very spiteful and belittling to me and my 2 other children which really upsets my kids and myself. Have asked him why he seems to enjoy upsetting us but he says its all in my mind. I am now on antidepressants as I am finding it very stressful just getting through each day. I know it sounds trivial but its hard to put into words how he makes us all feel. He tells us what do rather than ask, constantly phoning me all day to check where I am, if I'm out, who I'm with. Dont feel like myself any more, forgotten who I am to be honest, kids are desperate for me to leave but I have no money behind me I dont think council will help me with housing so dont know where I stand
Expert:  ukfamilysolicitor replied 2 years ago.
Hello

Thank you for your response.

My apologies for my delay in responding to you.

I am sorry to hear about the difficulties that you are experiencing with your husband.

You do need to seek benefits advice in respect of housing - I have known some people who have struggled to obtain a further rented property in they are already named on a tenancy. Get in touch with your local housing department in this regard.

If you cant obtain housing elsewhere you could give consideration to applying to the Court for an Occupation Order. An occupation order is an order under the Family Law Act 1996 (FLA 1996) conferring, declaring, restricting or regulating rights of occupation in the family home between family members or those involved in a domestic relationship. The court could choose to make an orders that requires your husband to leave the home, suspending occupation rights and/or prohibiting your husband from entering or re-entering the home. These orders are normally temporary and last 6 - 12 months but can be extended.

Physical violence is not a prerequisite to the making of an occupation order. The court will first look at - if you or any relevant child is likely to suffer significant harm attributable to the conduct of the respondent if an order is not made, it is mandatory for the court to make an occupation order unless it appears that the respondent or any relevant child is likely to suffer significant harm if the order is made and that harm is as great or greater than the harm likely to be suffered by the applicant. This is known as the balance of harm test.

If the court determines that neither you or relevant child is likely to suffer significant harm attributable to the conduct of the respondent, it enters the discretionary regime provided by FLA 1996, s 33(6). The criteria to be applied in deciding whether to exercise its powers are all the circumstances including:


the housing needs and housing resources of each of the parties and of any relevant child

the financial resources of each of the parties

the likely effect of any order, or decision not to exercise powers, on the health, safety or well-being of the parties and any relevant child

the conduct of the parties

An Application can be made on Form FL401 to your local family court. There is no court fee.

In respect of emotional abuse you have suffered then you might be able to get legal aid and a solicitor to help you. Legal Aid is now only available if domestic violence evidence can be obtained. Domestic Abuse is widely defined by the Legal Aid Agency and it includes physical, emotional and financial abuse. Please see the link below - in particular the GP letter. If your GP considers that you are suffering with a condition such as stress as a result of your husbands behaviour (which you have already described) and if your GP completes the template letter - take it to a legal aid solicitor so that they can assess your means for legal aid.

If matters escalate with your husband - then you should contact the police.

You should also consider seeking help and support from a domestic violence service.

Kind Regards

Caroline

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