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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 855
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My brother and his wife are going through a very acrimonious

Resolved Question:

My brother and his wife are going through a very acrimonious break up she has been cheating and constantly lies they have two grown up children who are still living at home. She has assaulted my brother on 3 separate occasions and my nephew once when he tried to restrain her on Sunday after collecting some belongings under the supervision of the police she left she is now saying she wishes to return to live at the property as she is co owner can we get an injunction against her due to the violence and if so how quickly.
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. I am sorry to hear about the difficulities that your brother is experiencing at his home. Please may I ask: - is the house rented or owned?- whose name is ***** ***** in?- when did she leave? where is she living now?- when were the assaults? were the police called? If, so did they take any action?- are they married? if so, is divorce contemplated? Kind Regards Caroline
Customer: replied 1 year ago.
The house is owned in joint names. She left on Sunday and had stayed with her boyfriend but is saying that he lives in shared acoomadation so she cannot stay ther any longer. The assaults have been on 3 different occasions over the last 6 months and my nephew has given a state ment to the police detailing the three assaults on his father and the assault on him. they are married and are going to be divorced my brother has up until this weekend been trying to save the marriage as she had told him sinc Christmas the relationship with her boyfriend was over however it came to light this weekend that whilst she was claiming to be out with and staying at friends she was still in the relationship with the boyfriend and with him the whole time
Customer: replied 1 year ago.
The police took no action other than to take statements
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. I am very sorry to hear this. When was the last assault? are the police investigating? have they put any bail conditions in place? Kind Regards Caroline
Customer: replied 1 year ago.
It was just after Christmas the police are not taking any further action and she was not arrested, so there are no bail conditions.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for clarifying that for me. The legal position is that she is able to reside in the property because she is a Joint Owner of the property and they are also married. If the police had taken any action then they could have put bail conditions in place to prevent her returning whilst matter were investigated - but unfortunately they have not taken this step. I would suggest that consideration be given by your brother in respect of applying for an Occupation Order via a Family Court. This is the form that he needs to apply to court: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1117 There is no court fee. Your brother should complete the form and then speak to his local family court and ask for the matter to be listed for a hearing. Your brother should prepare a statement in support of the application and he should detail in his statement all of the assaults and how he is concerned that his wife returning will only cause more difficulties. This will help your brother find his local family court: https://courttribunalfinder.service.gov.uk/search/ The courts do not generally like making people homeless so it is going to help your brothers application to detail how she will have the means to reside elsewhere. In the meantime if there are any problems then your brother needs to keep ringing the police. These orders normally last for around 6 months. Please do not hesitate to ask if I can clarify anything for you. Kind Regards Caroline Please kindly remember to star rate our service so that we receive credit for helping you today.
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