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Harris
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Law Specialist
Category:
Law
Satisfied Customers:
2851
Experience:
Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife filed a non molestation order and occupational
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Hi,
My wife filed a non molestation order and occupational order ex-parts but the judge said there is no evidence of violence not even a threat . A next hearing is held.
How can I ensure no occupational order is granted
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Customer:
replied 2 years ago.
The harm test shows that I am 63 years old, my contract comes to an end in 2 months time then I will be homeless, I have health conditions that will deteriorate if I don't have proper accommodationAll of this weight more if the order is granted than any harm to my wife or children if the order is grantedHow should I address this to the judge to allow me in the property but in separate rooms
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replied 2 years ago.
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Expert:
Harris
replied 2 years ago.
Hi, thanks for your question. Has there been a direction for you to file a statement? If so, you should be outlining your views on the application in the statement and most importantly addressing the following criteria:(a) the housing needs and housing resources of each of the parties and of any relevant child;(b) the financial resources of each of the parties;(c) the likely effect of any order, or of any decision by the court not to exercise its powers under subsection (3), on the health, safety or well-being of the parties and of any relevant child; and(d) the conduct of the parties in relation to each other and otherwise. Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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