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*Residence order or injunction*

(7 Posts)
Eskaybi Tue 18-Aug-15 08:37:03

Hi.
I am a victim of domestic violence. I was physically beaten up by my partner in front of my kids.Police was called. He was taken into custody. Released on bail till charged. Now he has been charged.
I have moved in a refuge with my kids... waiting to start a new life.
1. This was the 1st time my children witnessed me being beaten up with punches and kicks.
2. They are absolutely terrified of their father now and they don't want to live with him. They are going through mental trauma of seeing brutal physical violence.

I do not want to cut off my children's ties with their paternal family. I might also allow supervised meetings of my children with their dad once my kids are ready.

But my kids do not want to permanently live with their father.

My question is

1. Is injunction (non molestation order ) with conditions of ....not allowed to conract directly or indirectly. Nit allowed to follow. Not allowed to come near or around residence- enough?

2. Should I go for residence order (form C100 or C1A) too?

Plz help....

Ailurophile Tue 18-Aug-15 13:49:07

Hi Eskaybi, what a horrible thing to go through for you and your children. Im glad to read you are in a safe place now. Are the people/staff at the refuge not able to advise you at all? Can you not speak to someone there about your situation and get advice?

goddessofsmallthings Tue 18-Aug-15 14:28:54

Residence orders are now Child Arrangement Orders which are applied for using form C100. C1A is a supplemental form used where it is considered that the child/ren is/are at risk of various harms as outlined in section 9 of C100. Form C8 should be used to ensure that your contact details remain confidential and are not disclosed to any other party without a court order, however, this doesn't necessarily prevent human error.

Without knowing all of the facts of the matter it is not possible to advise here but, from your OP, you may be best advised to wait to see if the father of your dc makes an application as these orders are rarely granted without mediation having been attempted and you should be aware that, should it go to court, it won't be up to you to decide to "allow supervised meetings of my children with their dad once my kids are ready".

If you are concerned that the father of your dc may attempt to take them out of your care and control, I would suggest you apply for a Prohibited Steps Order alongside a Non-Molestation Order.

With regard to the non-mol, you should be asking the court to forbid the respondent to use or threaten physical violence against you, intimidate, pester, or harass you, from communicating with you or instructing or encouraging others to do so, and from attending your property.

Before you give consideration to making applications of this nature, please talk to refuge workers as giving the address of the establishment on court forms may compromise the safety of current and future residents.

Assuming that you have been placed some considerable distance from your former home, there should be no need to rush to court and this will give you time to consult a solicitor as to the best way to proceed so that the necessary orders are in place when you move into your new home.

flowers For your bravery and with best wishes for your future happiness.

Smilingforth Tue 18-Aug-15 18:55:36

How horrible, makes my blood boil. My thoughts are with you; stay strong tx

Offred Tue 18-Aug-15 21:13:10

Go for both while you have legal aid of you can. The injunction will not last forever.

Offred Tue 18-Aug-15 21:15:06

Mediation is not appropriate where there has been recent DV btw. If you applied for mediation they should refuse to see you on the grounds of the DV.

FeelTheNoise Tue 18-Aug-15 22:11:59

You should be able to cover issues relating to contact/children's residence in a non-molestation order, but double check that. Have you got a support worker in the refuge? They should be able to help you arrange legal aid and a specialist solicitor. I highly recommend you use one if you can, as they really plough through all the legal stuff for you and really simplify the process.

I've recently had orders taken out against my XP, and getting the solicitor is the best thing I did. I was initially reluctant because of the cost, as although I'm on maternity leave, I'm technically still employed so will have to make a partial contribution to costs. But my solicitor has saved me from such an ordeal in court.

You're a brave lady, don't forget that x

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