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injunction and occupation orders advice please am feeling overwhelmed

(6 Posts)
yummytummy Wed 08-May-13 22:15:28

Hi I hope there are some solicitors around who can help.

I have been in a violent relationship for a while the violence in last four years or so. Most recent incident I called police. Husband has been released and is home but has been staying away in the week at my request. However I am scared of what he could potentially do so would like to get an occupation order. But wanted to know what is involved how long it takes average fees and the whole process etc

Wa also suggested a solicitor letter bur I dont think that is enough.

Or is it best to try and talk and get him to leave voluntarily

Any advice greatly appreciatd

yummytummy Wed 08-May-13 22:16:10

Oh house is jointly owned but he pays mortgage atm

Kaykat Wed 08-May-13 22:35:13

Hi Yummy I am in a similar situation and about to apply for an occupation order and injunction. This is what I know so far.

It will take a few weeks to get a court hearing and they will give him four weeks notice if I win. But if there is an immediate risk you might get it quicker. It will probably cost at least a couple of thousand but if I get costs awarded my h will have to pay. Your solicitor will advise whether you have a good chance of winning. I have to write out a statement to support my case detailing all the abuse.

Kaykat Wed 08-May-13 22:37:06

Oh and I tried talking to mine and got him to agree to leave and it was all pointless, he just got more abusive and did whatever he liked.

MrsBertBibby Wed 08-May-13 23:05:14

If you're applying for a non molestation order you can get legal aid, even if you wouldn't ordinarily qualify financially.

Make sure you go to a legal aid solicitor. You may have to pay a contribution but it will cost loads less. Go see a legal aid solicitor without delay.

Collaborate Thu 09-May-13 13:50:16

Ususally orders are made on the day the application is made. Just got back from court in the last hour with one. "Without notice" orders are made as a matter of routine, with the Respondent given the right to challenge it (but he has to request a hearing). The order I got today lasts 2 years.

If you're expelling someone from their home then the court won't make the occupation order without there being an on-notice hearing, but you should get a without notice non-molestation order.

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