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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71057
Experience:  Over 5 years in practice
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My husband physically abused my daughters boyfriend in front

Customer Question

my husband physically abused my daughters boyfriend in front of my 4 children in our kitchen. i myself called the police. i have been mentally abused for years. i have recently been on the freedom course. so this gave me the push to say no more. but because he is on my rent book. he was allowed home.. i couldnot believe it. so i need help to get him out. he has never hit myself or the children. But now hes hit someone .we are all afraid hes took that next step. still at home . and hes acting as if nothing happened.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry if I'm missing the point but on what basis are you hoping to get him out of his house?
Customer: replied 2 years ago.
my husband as always been abusive. but this was the next step.he actually hit someone in our kitchen in front of the chilldren. they were always afraid of him. but now there petrified. we cant live like this anymore.
Customer: replied 2 years ago.
abusive behaviour.
Expert:  Jo C. replied 2 years ago.
Well, you can make an application on the basis that he abuses you but it is not likely to succeed.
At least you would get a non molestation order easily enough but an occupation order is really hard to get and this incident alone, involving a person who doesn't live there, is not sufficient. Putting somebody out of their house is something that courts are very slow to do especially on limited evidence.
He wasn't allowed hom because he was on the rent book although that does give him a right to be there. He was allowed home because the complainant does not live there and so there are no grounds to exclude him.
If this is the first time he has been violent then there is no realistic chance of excluding him on that basis alone I'm afraid.
You can, of course, give notice and live elsewhere when the tenancy expires but he will have rights of access to the children.
I realise that it is your house but it is his too and you need solid grounds to exclude people and there needs to be elsewhere they can live.
I'm very sorry but that is your position.
Can I clarify anything for you?