Breach of Occupation Order

[Kitty876]

Been to family court, my ex has breached arrestable occupation order, which was originally ordered by the family court, he has not broken into the house, but is pushing the boundaries, as being outside when he should not be here. Family court judge told me if I wanted to pursue the breach I would have to do a committal application (which I believe is criminal proceedings).

In the past he has breached the order and the police questioned him, but they decided not to progress the matter . When the second round of breaches occurred, because the police where so ineffective the first time, I decided to include in family court, as part of other proceedings.

I think judge is attempting to dismiss me, so he did not have to deal with it. Am I right ?

(In other words he can breach whatever he wants and harass me whenever he wants – police and courts do nothing, - cannot afford a solicitor)

No, you are not right. The judge is not attempting to dismiss you. He has told you the process you have to follow to pursue the breach.

A committal application is not a criminal proceeding and does not require any involvement by the police. However, the criminal standard of proof applies - you will need to prove beyond reasonable doubt that he has breached the order.

Thank you, I had not understood that, I do remember the judge saying about the burden of proof, but I have video footage of him doing the breach.

If it is not criminal, do you know if I can do a committal application in family court ?

Go back to the police and report again. If they do nothing escalate your complaint until they deal with it.

The judge is not dismissing you. He/she is telling you what to do.

Are you entitled to legal aid?

If it is not criminal, do you know if I can do a committal application in family court ?

Yes, you can.

I have complained with regards to the police, but I have got no where and yes I escalated. He has another action against me and he keeps telling the court that I am molesting him, so keeps asking court for my police information ( and getting it) I do not want him to see I getting no where with the police anymore, it just makes him worse. When I lived with him, I never stood up to him. I think the only way forward is to do the application myself, which will show him I am not willing to tolerate the breaches.

I do not get legal aid, looking at the web, looks like I first have to apply for permission for a committal application, then if permission is granted I can do an application. Does anyone know what the court form number is to may the request to the family court ?