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Please tell me about Occupation Orders, please help me, desperate?

5 replies

itsthesameoldsong · 27/02/2011 11:44

My ex and I split up very bitterly. He actually attacked me and I called the police to have him removed during the course of the attack he broke a window and was charged later with Criminal Damage. He pleaded guilty and recieved a conditional discharge and large fine.

It is a year later and he is talking about moving back into the HA property that we are joint tenants on. I cannot possibly have him here. He is an alcoholic, has been physically violent towards me, although I never pressed charges (I know I am a fool).

I am now divorcing him and need to know how to keep him out until everything is settled and he is off the tenancy (need some advice about that as well) this will be difficult as the rental account is in arrears that I have no hope of paying off in the forseeable future and the HA will not remove him until the arrears are paid off.

Can I get an occupation order on these grounds? Could I go back to the police and now say I wish to press charges for violent incidents in the past? I am desperate, I literally cannot have him here. Please help me.

OP posts:
PerArduaAdNauseum · 27/02/2011 13:35

Have you talked to Womens Aid? www.womensaid.org.uk. If you can't get through on the phone you can mail them at [email protected].

I believe that you can report the previous incidents - do you have witnesses? And do you have children?

Sorry I can't be of more specific help - hopefully someone will be along soon with more information.

itsthesameoldsong · 27/02/2011 13:54

No witnesses, apart from my ds Sad. I did make a statement to the police at the time of the broken window and said in it how threatening he had been but did not go into detail about his hitting me. Ex pleaded guilty and it was all dealt with by the DV team with our local police. So it was classed as a domestic violence incident. Thanks for replying.

OP posts:
PerArduaAdNauseum · 27/02/2011 13:56

Are you keeping records of the incidences anywhere? And any threatening texts etc he sends you?

And have you talked to Womens Aid yet?

Resolution · 27/02/2011 23:47

You might still be granted an occupation order. You can also apply for a transfer of tenancy within divorce proceedings.

babybarrister · 28/02/2011 14:08

This reply has been deleted

Message withdrawn at poster's request.

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