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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26406
Experience:  Senior Partner at Berkson Wallace
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I have been married for 48 years. Derby my husband has

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I have been married for 48 years.
JA: Where are you? It matters because laws vary by location.
Customer: Derby my husband has recently had mental health issues. I have been identified as a trigger. On Easter Monday it got confrontational and I left. He is saying he hasn't been happy for our married life. We only communicate by texts. On the last text he said if I insisted on returning home life would not be pleasant and he would treat me as I have been treating him and that I had been warned. We are joint owners of the property and have no mortgage.
JA: What steps have you taken so far?
Customer: Derby
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 need to know my rights.

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What do you wish to do? start divorce or legal separation proceedings in order to get a financial settlement?

Stuart J and 2 other Law Specialists are ready to help you
Customer: replied 8 days ago.
I don't know. I suppose I really want to know where I stand. What my rights are etc. It seems too soon to think about divorce or separation. Until a few weeks ago I thought we were OK.

It’s very difficult to answer such a vague and open question such as “what are my rights?”

You can stay away or you can return.

You have the right to live in the property.

If he starts to be abusive then you can apply for a non-molestation order

A person who believes that they are being bullied or who has been a victim of domestic violence or coercive controlling behaviour, can apply to court for a non-molestation order to prevent the other person coming within 100 m of them and an occupation order for the alleged perpetrator to move out of the house.

Here are the government webpages on exactly this subject. https://www.gov.uk/injunction-domestic-violence.

A range of people can apply to the court: spouses, cohabitants and ex-cohabitants, people living in the same household (but not employees), tenants, lodgers, boarders, and certain relatives such as parents grandparents, in-laws, brothers sisters, and engaged couples. So basically people who are in a close relationship either physically or family or living together whether that’s in a relationship or just the same house.

There doesn't actually have to be physical violence per se because there can be coercive behaviour for example as you will read in this excellent article: D

https://rightsofwomen.org.uk/get-information/violence-against-women-and-international-law/domestic-violence-injunctions/

If living arrangements are involved, it is very often impractical to live in the same house and it would very often be allied to an occupation order which defines or regulates the rights of occupation of property by the parties involved.

Many landlords will not change the name of the tenancy agreement for example without a Occupation Order.

It always helps if a report was made to the police recently because that is good evidence that this actually happened. The reason is that to report something to the police which hasn’t happened is a serious offence of wasting police time and/or attempting to pervert the course of justice which potentially carries a short jail sentence. So the civil court will take more notice if it has been reported to the police.

Having said that, the civil court will normally err on the side of caution and grant the order. However if the order is applied for based upon fabricated facts and that comes out in the wash, that is also perverting the course of justice and contempt of court and also potentially carries a jail sentence.

It is one of the few areas of law which legal aid is still available in certain circumstances so it is certainly worthwhile contacting the solicitor in the first instance.

As there is usually some urgency with these kind of applications, it can be done on an emergency basis and there is the facility on the form to do that. An applicant can also attach a Certificate of Urgency (a letter with that heading) explaining why this should be in court on an emergency basis, usually within a day or so.

These applications are usually made “ex parte” which means that the other side doesn’t get notice. What I mean by that is that they are not told “if you do this again we will make an application to court”.

The first they know about it is when the applicant gets the order and they are given the order.

The effect of the order is exactly the same as a restraining order to restraining order is something applied for by the police/CPS through the magistrates court (or exceptionally the Crown Court) whereas a non-molestation order is through the family/civil court.

Section 1 of the Domestic Violence, Crime & Victims Act 2004 May the breach of a non-molestation order a criminal offence. It’s serious stuff.

So with regard to what your rights are, a lot really depends on what you actually want.

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

Can I help you any further with this?

I'm happy to clarify anything which is outstanding. Please don't hesitate to ask.

Kind regards

Stuart

Customer: replied 8 days ago.
Thankyou for your advise. It has been helpful. So to clarify I am justified in staying away and can return at any time. If there is a problem call the police who will then have a record if I need to take it further. I am at the moment paying council tax on the property will it be in my best interest to continue paying this. I also had an issue with collecting some belongings I wasn't allowed in the house and he left them outside the door.

You can stay away and return at any time. You can indeed.

If he starts to be awkward, call the police. The person who gets their version of events into the police first tends to be the one that gets believed. It shouldn’t be, but it is.

You are not obliged to pay council tax if you are not living in the property so that’s a choice for you. You would need to tell the council that you had moved out which obviously isn’t the case if you are going to move back in so you might want to carry on paying it in the short term at least.

If the house is jointly owned and not rented, you would actually be entitled to break in and charge him for the damage but, if you are doing that, you would be well advised to use a locksmith to minimise damage AND tell the police what you have been advised to do so that he cannot allege some kind of public order breach. They will usually attend but ask and do tell them what I have told you.

If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

By the way, if you would like to ask me a new question in the future, (not just clarification on this thread, then please just type @ (the at sign) followed by my name and you’ll be able to select my username to tag me in the question.

If you like, you can also put “For Stuart J only” in the question thread and then the other experts will know that it’s for me.

You can also tag me as one of your favourite experts.

Thank you

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding. Please don't hesitate to ask.

Kind regards

Stuart

Customer: replied 8 days ago.
Many thanks for your help.

I am glad to help.

By the way, if you would like to ask me a new question in the future, (not just clarification on this thread, then please just type @ (the at sign) followed by my name and you’ll be able to select my username to tag me in the question.

If you like, you can also put “For Stuart J only” in the question thread and then the other experts will know that it’s for me.

You can also tag me as one of your favourite experts.

Thank you

Kind regards.

Stuart