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Restraining order & non occupancy order.

8 replies

Mary1935 · 20/08/2017 17:30

I finally went to the police and my husband has pleaded guilty to 2 charges of common assault. He's been bailed to a friends house & cannot contact me. We jointly own this property. When he's charged the police are asking for a restraining order so that he can't contact me. Will this be enough to keep him out of the house? I'm feel very stressed and vulnerable at the moment. I would appreciate some advice. Thanks

OP posts:
DancingLedge · 20/08/2017 21:44

No knowledge, but bumping in the hope someone more useful will appear.
Best wishes.

Mary1935 · 21/08/2017 01:28

Thanks a lot dancing ledge. I will contact women's aid but have googled them and maybe able to do my own occupancy order!!!!

OP posts:
shinyshiner · 21/08/2017 15:08

This reply has been deleted

Message withdrawn at poster's request.

Mary1935 · 24/08/2017 23:38

Thanks all for you advice. I will contact ncdv tomorrow.

OP posts:
IsSpringhereyet · 05/11/2018 22:34

I know this is an old thread but I am in very similar circumstances to the op and wondered if anyone knows the answer to her question? My H assaulted me and is due in court next week. He is currently bound by bail conditions to keep away from me and our home. Would a restraining order granted on conviction keep him away from our jointly owned house or do I need to apply separately for an occupation order? Any advice greatly appreciated!

goldierocks · 08/11/2018 16:55

Hi @IsSpringhereyet

In my case, the bail conditions that applied to my (now ex) husband were transferred to a restraining order on the date he was convicted. I didn't have to make a request, it was done automatically by the judge.

At the time we jointly owned our house; I bought him out as part of our divorce. I packed up all his stuff as obviously he wasn't allowed back.

My order also specifies an 'exclusion zone' around my place of work, which is something you might want to consider?

In my case the restraining order was applied without an end-date. My police liason officer said this was quite unusual, they are usually applied for a specific number of years.

Best of luck Flowers

Collaborate · 08/11/2018 23:37

Any restraining order you get in criminal proceedings is safe to rely on just as much as one in civil proceedings.

IsSpringhereyet · 12/11/2018 22:08

Thank you both. Much appreciated.

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