I'm so sorry you and your daughter went through that. What happened to her lip is assault, full stop, and you were right to report it to the police.
On the legal side: your HR1 (Home Rights notice) protects your right to stay in the house, but it doesn't stop him entering it — that's a different order. What you need is either:
A non-molestation order — this can include a condition that he isn't allowed to come to or near the house, contact you, or use/threaten violence. Given what he did to your daughter, this is very achievable, especially with a police log already in place. You can apply for these without your own solicitor doing the whole thing (there's a standard form, FL401), and if there's genuine risk of harm, courts will often grant one "without notice" (i.e., before he even knows about the hearing) as an emergency measure.
An occupation order — this can regulate who lives in or enters the property, and can suspend his right to enter even though he's the legal owner. These are harder to get than non-mols but not impossible, especially where there's violence and a child involved.
Given your daughter was hurt, I'd also flag:
- The police involvement may trigger a social services safeguarding check as a matter of course when a child is injured — that's normal process, not something to be scared of, and having it documented can actually help your case.
- Ring your solicitor first thing and tell them exactly what happened this weekend, including the injury to your daughter — this changes the urgency a lot and they may push for an emergency non-molestation order rather than waiting.
- If you feel unsafe in the meantime, the National Domestic Abuse Helpline (0808 2000 247, free, 24/7) can talk you through immediate safety planning, even if you're not sure "abuse" is the right word for what's happening.
You're not being unreasonable wanting him to stop turning up. Owning the bricks and mortar doesn't give him the right to frighten you or hurt your daughter. Sending you strength. 💛
Email template to send to your solicitor
thought it might help to have something ready to send straight to your solicitor, so you're not trying to find the words while you're still shaken up. Something like:
Dear [Solicitor's name],
I need to update you urgently on an incident with my husband on [date]. He came to the house to collect an item, which he has done before without issue. This time he became verbally abusive and was screaming at me. My daughter tried to intervene and he grabbed her face, injuring her lip. He then left the property.
I reported this to the police and it has been logged [include crime reference number if you have one].
I have asked him not to come to the house when I'm there and to give notice before attending, but he insists it's his property and he can't be stopped, and has even suggested he could move back in. Today he entered the house again while I was at work, without my knowledge, to drop something off that wasn't needed.
I no longer feel safe with him entering the property unannounced and am concerned about what could happen if this continues, particularly given my daughter's safety. Please can we discuss urgently whether a non-molestation order and/or occupation order can be applied for, and whether the recent incident means this could be done on an emergency basis without notice.
I'm happy to speak by phone at short notice if that's easier.
Kind regards,
[Your name]
Just tweak the details and dates. Having the police crime reference number in there if you have one will help them move quickly. Sending you strength, this isn't on you. 💛