How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10115
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

I am currently being mentally abused by my husband, who has

This answer was rated:

I am currently being mentally abused by my husband, who has recently had a mid life crisis, then he has been seeing someone else. I am devastated to say the lease and would like to know if I am within my rights to ask him to leave the home as he is able to live at his work and I have to work from our home, so much has gone on, but I just cant cope with it anymore, I have paranoia, I am physically sick when he is at home and get anxiety pains in my chest, I have been hitting the bottle a bit just to try and make me sleep, I do intend to go to the doctors on Monday. He thinks it ok to sleep in the spare room, but I cannot cope with this, would really appreciate your advice.Caroolyn

Hello for clarification- how long have you been married?

any children under 18 at home?

have you considered seperation/divorce?

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 month ago.
We have been married for nine years, its both our second time around after a 24 year previous marriage, which ended very bad for me then as well. There are no children under the age of 18 and they do not live with us. I have asked him to leave and go and sort his head out, but he is becoming very difficult and said the spare room is fine, but I really cant cope with him being here at the moment at all.
Customer: replied 1 month ago.
Can you please call before 5pm as he may come back from work at that time, thank you
Customer: replied 1 month ago.
To cut a very long story short, we have had a lot of financial and family pressures over the years we have been together, but we have got through and everything with our marriage was fine, I thought, until October this year, when he seemed to change in everyway. To start, he may have had a mid life crisis I accept that but has made no effort to get it sorted. I then found a repetitive mobile number on the mobile phone bills, from mid October to 30th December, when I actually confronted him, took his phone and rang the number and she answered. He is in total denial, lying about everything and will not face up to much at all. He keeps his phone with him all the time and is always logging to his emails. I have got a police log no. as last week, I walked out and stayed with a friend for the evening and he called the police stating we have an argument, so that came around the next day to see if I was ok and I submitted an account and they have kept that. I cannot cope with it now. I just need to know from a legal point of view, if I am within my rights to ask him to leave and sort himself out as he is being so cruel and selfish, it really is destroying me. He got angry this morning and said, "its my home" and you cant chuck me out. I am not chucking him out, but he said categorically that he is not in love with me, wants to be on his own etc. etc.Hope you can help.

I said that I would write and tell you exactly what you are asking for on Monday.

Thank you for explaining the complete circumstances to me.

You can apply for an injunction called a Non-Molestation Order to prevent him coming within 100 m of you or telephoning you and an Occupation Order to make him leave the house if you have been the victim or you fear physical violence and/or you have been the victim of emotional violence. This is what you are ringing the solicitor and asking for.

In family/divorce matters there is virtually no legal aid now but it is available in cases of domestic violence and child abduction (obviously the latter does not apply here.)

In respect of starting divorce proceedings, then from what you have told me, you certainly have more than sufficient grounds to get divorced for unreasonable behaviour.

Here is a little reading on what you are applying for https://www.gov.uk/injunction-domestic-violence

. I am happy to answer any specific points you wish to raise, arising from this.