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james bruce
james bruce, Solicitor-advocate
Category: Family Law
Satisfied Customers: 2748
Experience:  Owner at James Bruce Solicitors
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I am not sure if this falls under family law. We have had

Customer Question

Hi, I am not sure if this falls under family law.
We have had several arguments with my husband however on 1st October 2020 he hit me so I called the police and they arrested him over common assault. I did not press any charges and he was released and returned home. He was very angry and bitter and he promised that he will get me arrested to serve as revenge. On the 18th October 2020 he followed me to my friends house and then called the police informing them that I was there instead of isolating. This came about after I had gone to Turkey and returned on 12th, that very week. So he was so sure the police were going to come or that I would be in trouble but they didn’t come and neither was I in trouble. I returned home and the next day we had an altercation after which I suggested we separate. He made a few threats thereafter but I ignored him. On 25th I went out with my friends and on my return he called the police and he alleged that I punched and boxed him. This was not true. Given he was the victim, I was arrested under common assault. I was released on Monday after he pressed no charges and he was very happy for me to return home however I was scared and worried. I told the detective I would rather not go home or he is there. They asked him if he can leave seeing I am the one that looks after the kids but he said he had no where to go and he would make arrangements and leave within 3days to 1 week maximum. I accepted to let him be and made arrangements to go to my friends house. I took the kids with me cos there would be no one to look after them. The detective suggested he puts bail conditions because he thought it’s best so as not to repeat such incidences. After 4 days the detective contacted him and he expressed no concerns on moving. He infact said he wouldn’t go until after 1st December. So I am confused on what to do as I am caught in a place where I had to get emergency housing from the council and in the day I have no where to go with my daughter. Is there any course of action I can take?
Submitted: 24 days ago.
Category: Family Law
Expert:  james bruce replied 24 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Expert:  james bruce replied 24 days ago.

Unfortunately, if he is also listed as a tenant on the property, he does not have to leave to allow you to return.He is legally entitled to remain in this property as long as he is the tenant.

As he is no longer under arrest or on bail, the police can do nothing about that.

If you no longer wish to return home, then you would need to find other accommodation. Family, friends etc. Then contact the council and advise them what has happened. They may assist, or they may actually say you are responsible to find your own accommodation because between you both the situation of police calls for no reason and then no isolating when you should have been brought on by yourselves. You may have to consider emergency shelter as an option.

Certainly make contact with a local family solicitor to see what they can do as you have the children. If he did actually assault you then they may be able to help you through court to have him removed from the property so you can return. Legal aid my be available.

It may be helpful to instruct a local solicitor who specialises in this area of law. You can find a local firm using the Law Society website.

Once on that website, you can click on the find a solicitor option located just above the Law Society logo. Select quick search, then select the area of law required and enter your post code. A list of local firms will then be displayed.

Customer: replied 24 days ago.
Thanks you so muc he for your response James.
Expert:  james bruce replied 24 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance.