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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Non Molestation and Occupation Order against me from my Husband.

1 reply

Retrogirl82 · 26/01/2019 13:09

Hello new here so be gentle with me.My abusive,clever and controlling husband had me arrested last year for assault on 5th November even though it was him who had assaulted me and has done this several times before.I was arrested and taken to custody and charged the next day with assault.Because the property is in his sole name,he bought it 12 years ago before with got married(we have been married 3 1/2 years,no kids but one dog) the police took me back to the property and I had 10 minutes to get some essential posessions and sent me on my way to my Mothers cottage where she has very limited space.
ON 6th Dec I had a non molestation order and an occupation order served on me at my Mums by a very intimidating man.When I read my husbands statement I could not believe what I was reading.He listed the 3 worse times he had been assaulted by me(even though it was the other way round)that and that he was scared to even take our dog for a walk incase I attacked him and he was in imminent danger from me!I have never hit any one in my life and he is a strong stocky man who can look after himself.
I prepared my own statement and made sure the courts got it and then we had to go to the family court on 28th DEC.He turned up an hour and a half late but this didn't go against him.The judge hadn't read my statement and barely looked at it and said it had to stand for a year.If I wanted any processions I had to write a list of what I needed and email it to my husband!
To cut a long story short I was found not guilt of assault by beating on the 22nd Jan where the judge saw right through him and said he was a cocky,arrogant man using the Justice system for his own entertainment.
THis should be the end of it but I'm not allowed within 50yards of my house.When we first got married I used my £30,000 savings on an extension and renovations.I am still paying for sofas I have in there but can't go near them.
Is it easy to get a non mon molestation lifted as I have gone past the 21 days you have to appeal.I don't want to live there ever again but I would like to be able to sort my property and processions sorted and get the divorce under way.
He has phoned me and said he will start to chuck my things out which I am waiting to report to the police now.

OP posts:
WetWipesGoInTheBin · 26/01/2019 14:50

Have you talked to a solicitor about registering your interest in the house?

As you are married regardless of who originally owned the house it is now a joint marital asset and your name needs to be put on it at the land registry to prevent him selling it without your agreement and knowledge.

You can probably do all this without a solicitor but it is always advisable to check with one to ensure you understand the law correctly. To save money when using a solicitor do your own research first and ask specific questions.

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