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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.

Occupation order

8 replies

Notmyyearthisyear · 06/12/2021 14:00

Hi,
Currently completing the paperwork for an occupation order without a solicitor's help, intend to represent myself.
I've done the main form, but the witness statement on the gov website seems to be geared up more towards a non-molestation order, which I'm not seeking. Can anyone advise how much detail to put into the witness statement and whether examples of abuse when I'm not applying for non-molestation are warranted?
Thank you!

OP posts:
Notmyyearthisyear · 06/12/2021 14:01

I just wanted to clarify, I'm not applying for non molestation because I have made the decision not to, rather than because I've got no ground to!

OP posts:
KirkstallAbbess · 06/12/2021 14:40

I'm not sure but have you contacted this charity? www.dvassist.org.uk/

They are specialists so may be able to help.

Notmyyearthisyear · 06/12/2021 15:51

Thank you. I've spoken to them now and they told me that they had never heard of the occupation order being applied for without the non-molestation. Not what I wanted to hear :-(
If anyone is able to share some insight / experience here, I'd appreciate it. As I said, I have a very strong rationale for not wishing to apply for non-molestation, despite having grounds to.

OP posts:
Strongerthanyouthink · 06/12/2021 20:36

Sorry, I can't offer any advice either. I applied for both non mol and occupation order. I hope you manage to get it sorted.

Strongerthanyouthink · 06/12/2021 21:59

Can I ask what grounds you are asking the occupation order to be granted on, if its not abuse? Essentially you are asking the court to take away someone's legal right to live in that property, the threshold for that is quite high.

TherapyClient · 06/12/2021 22:06

Watching this with interest as I think I might be in the same position as you Op.

Notmyyearthisyear · 07/12/2021 02:30

I’m lying awake in the middle of the night and I’ve just realised how stupid I sound.
Of course it is abuse, I’ve managed to convince myself that I can apply for occupation but not non-molestation because I’m concerned about his MH issues and I need to be there to support him. And when I say I managed to convince myself, of course he managed to convince me! I’m brainwashed to my core.
Oh my god. What can I do. I don’t think I can go on for much longer I’m already off work with stress and now I’m on a mission to protect him rather than myself!!! Please help me see some sense!!!

OP posts:
TherapyClient · 27/12/2021 17:32

How are things going for you now, @Notmyyearthisyear ?

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