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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1955
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Last night I was issued with a occupation order, non

Resolved Question:

Hello.
Last night I was issued with a occupation order, non molestation order and a power of arrest. We both live together and own the house. We have a lovely 3 yr old daughter. My wife issued me a divorce petition 2 weeks ago for unreasonable behaviour. Something I've strenuously denied and draughted a letter back to her solicitor. I have been looking at alternative places to rent but financially as you can imagine having a big mortgage is impossible, but I have viewed some flats. May I categorically state I have never harmed my wife, never would. I'm not violent, angry ,bitter just sad at what's happened. I told my wife after 4 hrs marriage I'm no longer in love with her. I think having a busy life working and both equally bringing up our amazing daughter has taken its toll. I'm shocked and amazed how she managed to get the courts to issue this. It's a very serious accusation and very untrue. I'm waiting for a solicitor to call back today but am anxious to get some advice rather than just sitting at my friends not knowing what to do. Thx Kevin.
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
I've noticed all 3 orders have the wrong postal address ? Does this mean these documents are not valid as I don't reside at this postal address. Thankyou . Kevin.
Customer: replied 11 months ago.
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Expert:  Harris replied 11 months ago.
Hi, thank you for your question. Under what basis has she applied for the non-molestation and occupation order (what has she said in her statement) and has a return date been set to take place in the next two weeks? As long as you have been personally served with the orders then that is sufficient for them to be effective. What is the third order for? For your information, breach of either orders is a criminal offence and therefore you should abide by the terms, even if you do not agree to them. You will have an opportunity to contest this.
Customer: replied 11 months ago.
Power of arrest. The court is satisfied that the respondent has used or threatened violence against the applicant. And that there is a risk of significant harm to the applicant attributable to the conduct of the respondent if the power of arrest is not attached immediately
Expert:  Harris replied 11 months ago.
OK, thanks. Those are the usual orders in such matters. Has return date/further hearing date been set?
Customer: replied 11 months ago.
Yes. Not until 26th March. How can the court agree to that and me be homeless for nearly a month ?
Expert:  Harris replied 11 months ago.
A return date should be set no later than two weeks after a without notice non-molestation or occupation order is granted and therefore you should apply to court for this to be moved sooner. The court has the power to make occupation orders, however these should only be made on a without notice basis in extreme circumstances. There is guidance and case law that prevents a judge making such an order unless there is serious risk of harm towards the application. You can apply to court to seek an urgent return date.
Expert:  Harris replied 11 months ago.
A return date should be set no later than two weeks after a without notice non-molestation or occupation order is granted and therefore you should apply to court for this to be moved sooner. The court has the power to make occupation orders, however these should only be made on a without notice basis in extreme circumstances. There is guidance and case law that prevents a judge making such an order unless there is serious risk of harm towards the application. You can apply to court to seek an urgent return date.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Harris, Law Specialist
Category: Law
Satisfied Customers: 1955
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 4 other Law Specialists are ready to help you
Customer: replied 11 months ago.
Many thanks for your help and advice.
Regards. Kevin Fitzgibbon.

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