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Non molestation and occupation order

(4 Posts)
Help201602 Mon 29-Feb-16 21:42:11

Hi, anyone know much about my chance of success to get these orders. My partner hurt my daughter and has been arrested. On bail. I tried for ex parte orders but declined, so in court weds. I'm representing myself so getting very nervous. Background of previous arrest for assault but I dropped charges. Joint mortgage. However I do own a two bedroom flat that is unhabitable and I have two children boy 7 and girl 11. Social services will be interviewing children at school this week, but not before my court appearance. Any advice ?

MissBeaHaving Mon 29-Feb-16 23:27:03

I don't know anything about situations like this op but it sounds horrendous so I'm bumping for you in the hope someone else will see your post.

I'm so sorry for your children (and you) to be going through this. I will find & postcard the link for women's Aid as they may be able to give you some advice & access to a solicitor.thanks

MissBeaHaving Mon 29-Feb-16 23:29:37

Here is the link & a screen shot of the number.

https://www.womensaid.org.uk

Spero Tue 01-Mar-16 15:08:39

Non molestation order I think you are very likely to get.
Occupation order is a bit more tricky as it means depriving him of his legal right to occupy so court needs to be careful.
You will need to look at the Family Law Act 1996, different sections apply depending on whether you both have legal interest/were married etc but the basic rule is the same - you will have to show that the harm done to you and the children by NOT excluding him is greater than the harm that will be done to him by excluding him.
Generally, if you are looking after children and have no where else to go, the balance should tip in your favour.

there might be some more useful organisations listed here who could help
childprotectionresource.online/issues-of-violenceabuse/

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