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Occupation Order- please help me understand - has it been granted?

7 replies

PressToChange · 23/01/2021 11:07

Hi, if anyone can offer advice I would be grateful as I’ve received court docs on Saturday and can’t get legal advice until Monday.

I applied for a non molestation and emergency occupation order yesterday. I have got a reply from the court but I’m unsure what it means.
I got three docs. My statement, my application and notice of proceedings doc.

I read it as it won’t be considered until “notice of proceedings - directions appointment “ when stbx will get to argue his points.
But my friend thinks it is granted just needs to be served, then H will be invited to this hearing along with me and the judge.

I just need clarity as I’ve not stopped shaking at the thought of being in the same house while we build up to a hearing.

This is the wording from the court.
“Your application has been considered by the judge and listed for the hearing on notice to the respondent.

Please see attached notice of proceedings, processed application and statement.

Please confirm that you have received risk assessment form and you will send the completed form. Respondent will be served personally by the court bailiff as soon as we receive the risk assessment.”

Thank you in advance for any help.

OP posts:
Kitty876 · 23/01/2021 12:01

nothing in your information you have put in the post suggests you have been granted the order as yet.

I believe on notice means he is informed before the granting of an order

When is your directions appointment ? next week, next month ?

You need to do the risk assessment

PressToChange · 23/01/2021 12:31

The directions appointment is on Thursday this week. I will do the risk assessment but as we’re all under the same roof it’s difficult so it may have to be first thing Monday morning when I’m at work.

OP posts:
prh47bridge · 23/01/2021 12:33

No, you have not been granted an order. The reference to a "hearing on notice" means that he will be informed of the hearing and is entitled to be present. The reference to the court bailiff means that they will deliver the papers to your husband rather than you having to serve them yourself.

PressToChange · 23/01/2021 13:07

Thank you. That’s good to understand.
There is a history of physical dv on me, emotional and psychological abuse on us all and Social Services agree with that.
I’m worried about what will happen when he’s served with the papers as we’re under the same roof.
It will give him more time to gaslight the children. I’m being terrible to him again..., it’s never what he’s done but my actions to draw a line under it that’s the problem.....
I realise a court shouldn’t just believe one persons side to the story but I’m actually really worried and I cited a lot of stuff. He has a place to go to as well.

OP posts:
Kitty876 · 24/01/2021 10:18

keep your passport, driving licence, some cash or a bank card at a trusted friend, plus a spare change of clothes for your and kids

PressToChange · 29/01/2021 22:04

Thank you. It was not pleasant. He had a barrister. But I did get the non molestation order.

OP posts:
Soontobe60 · 29/01/2021 22:10

Good. Now to move on with your life x

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