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Vineet S
Vineet S,
Category: Family Law
Satisfied Customers: 3085
Experience:  Freelance Solicitor at Self Employed
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After domestic abuse how can I get my husband to leave the

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After domestic abuse how can I get my husband to leave the house?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: kent
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i went to Kent police to report the abuse and because of severe provocation defended myself the police are more concerned about his safety than the core reason. They have told me to stay away for a while to “sort things out” and I am at my sons house. I want to go back to my home

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

If a phone call is not required then please ignore phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

I will go through your question and will get back to you with my answer shortly.

Hi there,

You can apply for an Occupation order for that property.

An occupation order is a court order which specifies who is and who is not able to live in the family home and/or who can enter the surrounding area. An occupation order can also be used to gain the right to return to the family home.

You will need to show some sort of connection to the property that you want to be included in the occupation order.

Note that you do not necessarily have to own the house. If you are renting, you can apply for an occupation order in regard to that house.

If the property is jointly owned , then you can ask court for transfer of tenancy orders too.

Courts can consider factors such as the housing needs of those involved in the order (and any children involved) and the behaviour of the applicant and the respondent.

The impact upon the health (both mental and physical) of those involved, can also be considered.

Transfer of tenancy can be applied with the Occupation orders by you can apply for everything in one form, the FL401.

If you were involved in a violent/abusive relationship, then there is no court fee to pay .

Please click below for the relevant form FL401 for applying for Occupation orders-

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/954473/fl401-eng.pdf

I trust this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Vineet S and 3 other Family Law Specialists are ready to help you
Customer: replied 8 days ago.
No phone call received after quite a while

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Kindly note, I am not available for phone calls at the moment, however I can further assist you via this online chat.

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