Occupation order advice please

[LuisSuarezTeeth]

Me again

I have been assisted by NCDV and allocated a solicitor. Am going to court to obtain an injunction and non molestation/occupation order.

Ex DP has been charged with assault by beating of both me and my 15 year old son. He is bailed and sentencing will be soon.

We are joint tenants in a council property. He has 2 primary age children of whom he has residence and they have gone with him to the bail address.

What factors will be taken into account when deciding who can have the house?

My son goes to school 2 miles away. I have lived in the area 18 years. I have family here and a job.he moved in with me into my last house. We got evicted due to police being called about him. He is unemployed. He has contributed nothing financially. His children go to school 10 miles away. They are under CIN order. Their SW does not want them moved again. He has no family here and has lived in the area less than a year.

These are the facts as I see them, but how is a judge going to view it? I don't want the little ones homeless but I want my son to have security and am terrified of leaving.

Could anyone advise please? TIA

There are a list of factors that have to be taken into account when the judge thinks about making an occupation order. They are as follows:

• your respective housing needs and resources
• your respective financial resources
• the likely effect of any order on the health safety or wellbeing of you both and the children
• your conduct in relation to each other If the judge is satisfied that you or your son are likely to suffer signficant harm attributable to your ex then he or she has to make an order in your favour unless your ex would suffer greater harm. It's called the balance of harm test. It's difficult to say what the judge might do given that you both have children. Hope that helps!

Thank you, could you elaborate on the financial resources bit?

It applies to things like the ability to fund alternative accommodation really.

Ok so I guess because I work I have a greater chance of finding alternative housing.

How much bearing does his 'conduct' have ?

I think I am stuffed. He will be seen as the one with the greater need. His children have been moved too many times. They will say I am unintentionally homeless but he is intentionally homeless due to DV.

I lose.

It's impossible to say whether you win or lose without more information about your case. Don't forget that his conduct towards you is another relevant factor. Don't give up!

Thank you. I so wish it wasn't about winning or losing. The children are always the losers.