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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2721
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am a victim of domestic violence and my husband (who Im

Resolved Question:

I am a victim of domestic violence and my husband (who Im currently in the process of divorcing) is in court next Friday - since his arrest he has been on police bail so he hasnt been able to come to the house or contact me - i have 3 children, 2 of whom suffered verbal abuse by him and do not want any contact with him - if for some reason he is found no guilty how do i keep him out of the house - we jointlyown it with no mortgage
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. If there is a risk towards you and/or the children if he were to return to the property you can immediately apply to your local family court for a non-molestation order (an injunction) and an occupation order (preventing him returning to the property). This can be done on form FL401. If granted and he breaches it he will be liable for arrest.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 10 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Customer: replied 10 months ago.
Can I apply for the non-molestation order (an injunction) and an occupation order myself or do I have to go through a solicitor? If he is found not guilty how quickly can I capply for the orders and how long will they take to be served. What happens if he returns to the property before these are put in place?
Expert:  Harris replied 10 months ago.

You can do it yourself and do not necessarily require legal representation. If he is found guilty of a domestic violence offence then the criminal court may impose a restraining order which will have the same impact as a non-molestation order.

If no restraining order is made then you can immediately go to the family court to apply for the orders in person and urgently if bail is lifted and no restraining order is made.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 10 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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