Hi Everyone...Thanks for checking on me @Christmaschildcare , @Starlight7080 and @Adagio2023 .
He is out now by court order but he has filed an appeal to set aside the court order so waiting to attend the hearing. It is a complete waste of time but obviously the Judge feels that his appeal is worthy of being heard so here we are.
It has been a whirlwind but this has what has happened. Putting this here just in case anyone else finds themselves in a similar situation and it can help them.
I initially paid a Barrrister to represent me at the first hearing but that was a waste of money as she didn't get to say 2 words before the judge threw us out as SS (He did didn't turn up) had filed a statement that I had lied about the incident where he had threatened me which I had not received. I was then ordered to present a court bundle of all my evidence. I went away and prepared this and got rid of the barrister.
At the next hearing date The adult stepson turned up with his father, and it was intimidating. The judge didn’t seem favourable to me at all, even going as far as to shout me down when I corrected her when she referred to my home as 'his' home as well and that I couldn't just throw him out. I left that day feeling really low. But I decided to keep fighting. I sent him another formal letter asking him to leave and not to use any of my amenities or items in the hoyse. Stepson of course forwarded it on to his Dad who accused me of harassing his son.
at that hearing the judge set another hearing for June and the The judge made it clear that the burden was now on him to prove he had any legal right to remain in the home, especially since I’m the sole resident and joint owner, and he’s not a tenant or contributor. His father's joint ownership of the home was not enough to override my objection as as equal owner.
Around mid may While waiting for the June hearing, the stepson asked his father to come to the home so that the wifi could be installed. I was woirking from home that day and I asked the contractor not to. A massive argument ensued between ex and myself. Stepson was in the corner smirking. Called the police and they did not do anything. while I was discussing with the police officer, stepson asked the contractor to drill into my upstairs external wall to install the wifi and this damaged my rendering. I am now in a legal fight with Openreach, Sky TV and MJQuinn about the damage to my wall without my consent.
I attended the June hearing. Stepson did not turn up or present any statement defending his rights to stay as instructed at the previous hearing. The judge this time was kind of furious at the audacity of the stepson and and made an order asking him to leave saying that he had no occupational right to be there and not to attempt to enter the property. Victory!
Stepson was served by Court ballif and left that very day. Ex was pissed.
However he breached the order and came back 3 days later with his father to collect some items. I didn't call the police because as you know I have done so in the past and nothing has happened. I just allowed him to take whatever he needed so he could leave. After that I changed the locks. I did give my ex a spare key though so he wouldn't come here, find the locks changed and then kick the door down..causing me more distress.
Divorce is going ahead and just waiting for a hearing date from the courts to sort of financials but in the meantime it has been peaceful since stepson left.
Stepson also filed an application to set aside the exclusion order claiming that he was not given enough time to respond when he had every chance to attend court in June and submitt a statement defending his supposed occupation rights. So now we’re back in legal limbo until the next hearing but I am enjoying my peace in the meantime. I just hope I don't get a foolish judge like the first one I got who said I had no right to throw stepson out of 'his home'
Stepson has now gone back to live with his son which proves my point. That the father couldn't put up with his own son's behaviour but because he had a grudge against me for reporting his domestic violence he was happy to allow me to be terrorized by his layabout adult child.
Thanks everyone for listening to rant and for giving me the advice on this matter.