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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33500
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I been living with my husband and my daughter in his house

Resolved Question:

Hi, I been living with my husband and my daughter in his house for the past 10 years, we got married 2 years ago. For past year he become very abusive mostly verbally and sometimes physically. Last few months we almost live separate life's, I am going on holidays with my daughter and mother he refuses to join us because he is not happy to spend his money. Now he is in Italy visiting his daughter.

I wish to report him for above which occurred 2 days ago, and press charges, 2 months ago he was arrested and kept over night in police station for breaking my phone and iPad.

Because is his house can I stop him staying in the house if I press charges, and stay until divorce, or do I have to find place to leave with my daughter, and let him stay in his house?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
How old is your daughter and is she also his daughter?
What was the nature of the assault two days ago?
Clare
Customer: replied 2 years ago.
Hello, thank you my daughter is 17 and she is from my previous relationship , verbal and slamming doors at night and shouting, coming towards to me in my face and swearing
Customer: replied 2 years ago.
Hi Clare,

I am waiting for your reply. Thank you
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
Has there been any actual physical violence to your person?
Clare
Customer: replied 2 years ago.
Yes in past he was arrested on few occasions, last time was few months ago but I didn't reported to police
Expert:  Clare replied 2 years ago.
Hi
Was he arrested for physical violence against you at any time?
Clare
Customer: replied 2 years ago.
Yes few years ago
Customer: replied 2 years ago.
You are not giving me any answers only questions
Expert:  Clare replied 2 years ago.
Hi
I have to ask questions so that I can asses how strong your case is and what your best options might be.
I am still not sure what action you intend to report to the police - could you clarify that please as that is crucial to the issue
Clare
Customer: replied 2 years ago.
His aggressive and frightening behaviour, in past HE WAS ARRESTED for physical attack, I am scared of him....Constant verbal abuse ....is that not enough to be arrested and keep away from the house?
Expert:  Clare replied 2 years ago.
Hi
I am afraid it is certainly not enough to involve the police at this stage - for them it will have to be a further physical assault
In terms of the Family Court there is more chance of obtaining an order excluding him form the house - but it is not guaranteed and will partially be based on what the likely outcome of the financial side of divorce proceedings is and what alternative housing possibilities you each have
If you could outline the finances to me then I will be happy to give you an idea of the possible outcomes
If there is a further violent incident you MUST call the police immediately
Please ask if you need further details
Clare
Customer: replied 2 years ago.
I am not happy with the answer, I don't feel even his past arrest and physical violence mean nothing? I am afraid of him and worried when is going to be next time when he lose his temper, you think there is not reason for him to be kept out from the house?
Expert:  Clare replied 2 years ago.
Hi
I am sorry - that is not what I meant to imply at all
What I mean is that unless there is a further physical assault on you there is no action that the police will take which will force him to leave the house.
However you CAN use family law to apply for an order excluding him - BUT the outcome is dependent on a number of different factors - some of them financial
Clare
Customer: replied 2 years ago.
Not entirely happy, when I was asked same question several times, I had feeling my first question was not read properly it took a day to get final response which I am still not entirely sure if is correct
Expert:  Clare replied 2 years ago.

Hi I am sorry that you felt my service was bad meaning that i get no credit for my time and which is not necessary for and does not trigger a response. I am also sorry that I became confused as to when the last act of physical violence happened. Unfortunately aggressively shouting at you would not trigger an arrest - although threats to kill will Unfortunately the courts tread carefully in these matters and giving you inaccurate information would have increased HIS chances of thwarting you - and it is never good to give any one any extra power in such circumstances

You can read more here

http://www.womensaid.org.uk/domestic-violence-survivors-handbook.asp?section=000100010008000100330002

Clare

Clare, Solicitor
Category: Law
Satisfied Customers: 33500
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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