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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife has threatened me with injunction proceedings if I

Resolved Question:

My wife has threatened me with injunction proceedings if I do not vacate the house we currently live in. Her lawyers have sent me an email last Friday regarding this? What should I do? She has alleged domestic violence. On the contrary, it is I who has had to call the police on 4 occasions because of her unruly behaviour. Including one ocassion where she held a knife to my sons neck. She is basically trying to get back at me because I found out that I am not the biological father of my, about to be, 3 year old daughter.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. If she does proceed with an injunction you will have an opportunity to respind to this and oppose ot. The court will request statement, and third party evidence (such as police or doctor evidence) and then list the matter for a final hearing where both of you will be cross-examined at court. The judge then makes a decision based om the balance of probabilities about who to believe and whether an injunction is required.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
Hi, Thanks for your reply. If I am served with an injunction order, do I have to vacate the house while the judge decides?
Expert:  Harris replied 1 year ago.
Thanks - the courts tend to no longer grant occupation or exclusion orders without notice on the respondent, unless in serious circumstances and I would expect them to list it for an urgent hearing where you attend and the judge makes a decision.
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