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Restraining order v occupation order

(10 Posts)
Help201602 Mon 23-May-16 17:50:16

Hi, today my ex was convicted of common assault against my child today. Got a two year restraining order that he's not to come to house, or contact me or my child.
However, we're in court in July for an occupation order that I'm seeking to keep him excluded from joint property. Does anyone know if the restraining order trumps the civil case? Can they let him back in and kick us out if restraining order says he is not to come to home address? I have no legal representation so any advice will be great fully received smile

nightpiano Mon 23-May-16 20:24:00

I was told by a police officer that an occupation order was kind of more powerful than a restraining order. I let my occupation order lapse after a year, because I thought I was still covered by the restraining order. Apparently, this was a mistake.

I have next to no legal knowledge and hope somebody else can help. However, from bitter personal experience, I would say please get all the protection from the law that you can. I'm sure this is all very raw and painful right now, and you are probably in no position to think clearly. If somebody professional and in the know has said you need an occupation order, then you probably do, so I think you should go with it.

nightpiano Mon 23-May-16 20:24:59

And yes, an occupation order protects your right to live in the property. You do need it.

MrsBertBibby Mon 23-May-16 21:13:25

The judge might prefer not to have two orders saying the same thing, but I would advise to press for it, given that he can't get the occupation order changed without notice to you. On the other hand, breach of a restraining order is dealt with by police whereas breach of an occupation order (assuming the Judge attaches a power of arrest, which you need to ask for) requires you to pursue the breach in the civil court, which is much harder for you, especially if you are unrepresented.

Is he your child's father?

Help201602 Mon 23-May-16 21:22:56

I have a child with him, not the child he assaulted if that makes a difference :/

MrsBertBibby Mon 23-May-16 21:25:13

And what is happening about contact with that child?

Fourormore Mon 23-May-16 21:25:53

I think Collaborate already answered this for you?
www.mumsnet.com/Talk/legal_matters/2622853-Civil-v-criminal-Which-takes-precedence

MrsBertBibby Mon 23-May-16 21:28:57

No, that was a completely different question.

gingerboy1912 Mon 23-May-16 21:36:50

When I separated from my exh I had a non molestation order an an occupation order. One keep him away from me the other from the family home.

Help201602 Mon 23-May-16 22:34:45

My child sees there dad twice a week, have offered more but he says he can't. Contact facilitated via a family member for drop offs and pick ups

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