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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter is going through a very messy divorce. As I

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My daughter is going through a very messy divorce. As I understand it she has been granted a degree nisi but I have been told she and her husband cannot separate until the joint estate has been dissolved and this includes the sale of a residential property. He is an unemployed alcoholic and she is subject to continual verbal abuse which means that she gets very little sleep and it is therefore effected mentally and is finding it difficult to retain he position in employment because of lack of concentration. Is there any way that a restraining order can be obtained on him or can he be forced to leave the matrimonial home without this having a detrimental effect on the distribution of the estate. I have been told that reporting it to the police will result in him only getting a slap on the hand and told to behave himself. I am most concerned about the men talk state of my daughter and as I am not resident in the UK find it difficult to get satisfactory answers.
Any help you can provided would be appreciated. She is resident in England
Customer: replied 1 year ago.
She sleeps in a separate room and they have a 13 year old daughter. the following is an extract from a communication I got from her this morning. "*** comes upstairs between 1 and 3, so I am woken then generally don't go back to sleep" sent to me at 04:09 this morning. He drinks between three and four bottles of wine every day and uses foul language continually to describe my daughter and granddaughter.

Hi, thank you for your question. If she feels that herself and the child are at risk of harm because of threats, abuse or his behaviour, she can apply to her local family court for a non-molestation order (an injunction) and an occupation order (to exclude him from the property) - both can be applied for using form FL401. However, the court will need to fully assess the balance of harm if he were to be excluded and see if he can maintain himself elsewhere.

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