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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 order & Occupation Order

10 replies

Hardheadedwoman39 · 21/07/2023 19:57

Hello,

Am looking for a bit of advice / information / other people's experiences.

I have applied for a non molestation order and an occupation order. The non molestation order has been granted and served and I have a court date for this coming week.

He has already tried to convince me he's really sorry and there's no need for the order and that he would move out. Only to do a u turn when I said it was best for the whole family to keep the non molestation order in place. I have reported it as a potential breach as he isn't allowed to pester or harass me.

Any idea what will happen at court and how likely it is to get an occupational order - I am barely holding it together....

Thank you

OP posts:
tescocreditcard · 21/07/2023 20:02

Do you have someone helping you at court? I'd like to think if you've got a non-molestation order granted then the next logical step would be for them to grant an occupation order.

What are your circumstances? Have you got kids? Does he have somewhere he can go?

Hardheadedwoman39 · 21/07/2023 22:29

I do t have a solicitor but a DA charity assisted with the application.

I have 4 children, 2 with him and he can afford to rent somewhere whilst the jointly owned house is sold.

The house is on the market but not yet sold so will be many months still in the same house if it's not granted - which isn't manageable.

OP posts:
Hardheadedwoman39 · 21/07/2023 22:30

*don't

OP posts:
Thehousewiththeyellowdoor · 23/07/2023 19:59

What was his behaviour like that made you get the order? Currently/unfortunately dealing with the same problem

Hardheadedwoman39 · 23/07/2023 23:03

I'm sorry to hear you're dealing with the same.

It has been years of emotional abuse, gaslighting, controlling behaviour, isolating me from my older children (his step children). The list is long.

Also he has been physically intimidating. I now suffer panic attacks and extreme anxiety.

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millymollymoomoo · 24/07/2023 07:27

It’s unusual for a non molestation order to be granted if you’re still living together / in the same property as it’s impossible for him not to breach it ? What are the terms of the order ?

Somewhereovertherainbowweighapie · 24/07/2023 07:29

What happens if he breaches it?

Hardheadedwoman39 · 24/07/2023 10:32

It does make it very difficult when in the same house which is why I am hoping they grant the occupation order. He essentially has to be nice to me and we only discuss the children.

He has already breached it by trying to get me to drop it. He will be arrested and questioned about it.

OP posts:
Somewhereovertherainbowweighapie · 24/07/2023 10:36

Sorry if this sounds terrible, but if he does breach it will him getting arrested mean he is removed from the house?

Hardheadedwoman39 · 10/09/2023 19:15

@Somewhereovertherainbowweighapie It turns out that is exactly what happened. He was arrested for the assault and potential breach and because I had submitted a log of incidents over many years they bailed him to another address so they could investigate it.

I cannot tel you the relief.

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