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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 724
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I own my house outright My husband is abusing me mentally/emotionally/pschol

Customer Question

i own my house outright My husband is abusing me mentally/emotionally/pschol
how expensive is an injunction if i can get him out can i then change locks so im safe from him bursting in he is just doing whatever he wants at present im sick of it
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how long have you been married?
- do you have children together?
- does your husband have the means to live elsewhere?
- when was the last abusive incident?
- what was the worst abusive incident?
- are you considering divorce?
- have you ever reported your husbands behaviour to the police?
Kind Regards
Caroline
Customer: replied 1 year ago.
20 years no children together he has 2 adult sons from previous marriage
he has some £750 per month pensions he is exploring other ideas of income but spending a lot on credit and has other debts
no joint accounts abuse ongoing he is telling people that we are splitting he overslept and missed a solicitors appt today
he wants divorce to get at my money he is living off me in my house i pay bills yes to last question
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
What was the incident you reported to the police?
Please could you describe your husbands behaviour a bit more for me.
Kind Regards
Caroline
Customer: replied 1 year ago.
he and an ex wife colluded she reported that an argument had happened (( hadnt as i was out!) caused welfare visit WPC thought he was mentally unstable
him - continuous shouting anger sniping telling me im stupid, not possible to discuss he turns everything into argument non-cooperation thinks he is perfect and invincible vain pompous arrogant
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this for me.
I am sorry to hear about the difficulties that you are experiencing.
Despite your home being in your sole name - your husband does have a right to reside in the property by virtue of it being the matrimonial home.
If your husband acts aggressively towards you - then you should report any such incidents to the police. The police may temporarily exclude your husband if they consider that doing so would prevent an incident - but this is only temporary - usually overnight.
If however the police decided that they wanted to charge your husband with an offence then they could put bail conditions in place which would prevent your husband from returning whilst the case is ongoing. An injunction could also be pursued by the CPS to protect you.
In respect of obtaining a Family Law order - these being a non molestation order or an occupation order - you would have to convince the court that such an order is required to protect you. The courts dont like making people homeless - so in particular relation to an occupation order it would help if you can establish that your husband has the means to live elsewhere.
where there is not imminent risk of harm because threats to harm you have not been made within the last few days then you would have to make your application to the court on notice to your husband. This would mean that your application would be sent to the court and the court would provide you both with copies and notice of the hearing date.
If your husband agreed at the first hearing that he would vacate the family home then you would pay legal fees of around £1k for the initial paperwork and representation at the first hearing. If your husband didnt agree and the matter had to go to a contested final hearing - legal fees would be in the region of £5k
Legal aid is available for non molestation orders - but if you have over £3k in savings then you would have to pay a contribution. You should call a legal aid solicitor so that they can assess your means. If you just seek an occupation order - then you would need domestic violence evidence before you could even be considered for legal aid. see these links for further information:
https://www.gov.uk/legal-aid/domestic-abuse-or-violence
http://civil-eligibility-calculator.justice.gov.uk/
I also consider that you should seek support from a domestic violence service such as the one in the link below. You should not have to put up with this type of behaviour and you are not alone. Support can range from a chat, courses, groups or even a refuge place if needed.
http://www.refuge.org.uk
Kind Regards
Caroline
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