Legal Aid, separation, non molestation and assets.

[Giggorata]

I have a friend who lives some distance away, so we mostly talk on the phone.

She and her ex DP bought a house together, as joint tenants. He put in slightly more money than she did.
He was abusive, and after violent and threatening incidents, was bailed away from the house until it was decided there was insufficient evidence to prosecute and the bail conditions lapsed.

He rented somewhere else but has since visited the house a few times, with others, which she finds intimidating, but as they jointly own the property, what remedy has she got, to keep him from doing this?
She is considering changing the locks, not so much to deny him access but to control when and with whom he visits the house.
She has been advised by a law firm that obtaining a non molestation order will cost her around 30K, which will be taken from her share of the house sale.

I was under the impression that capital from a house sale could be ring fenced to enable someone to purchase another property? And this wouldn't affect benefit claims or Legal Aid?

She is self employed and her earnings are variable and not large. I believe she is on some benefits as well. There are no children in this relationship.
She is receiving conflicting advice from the various agencies in her area, which is confusing both her and me.
There seems to be no definitive information available to her that will once and for all settle what she can do to protect herself and her money.
It is very difficult to help or advise my friend, as it all seems such a mess.

Any advice gratefully received.

Apply for the NMO herself, form FL401: https://www.gov.uk/injunction-domestic-violence

She can use CourtNav.

She should put the property on the market asap, no point in dragging it out.

Get her to contact CourtNav

Thank you very much for these helpful replies, which I have passed on to my friend. 💐

The first £100k of any capital in her home will be disregarded in any assessment of her means. So if she owns 50% and there is less than £200k equity then the house should not put her beyond the capital limits. If her interest in the property is in dispute the it also becomes the subject matter of the dispute, attracting a further £100k capital disregard.

There is no upper limit of capital when assessing means for leagl aid for domestic abuse applications. Similarly there is no upper income limit. However if she has capital above the limit she will have to make a capital contribution (although they can waive that if the only capital is in the house she owns with him), and if her income is above the limit she will have to make a high contribution each month.

The average cost of a Family Law Act injunction is around £5k. Whoever quoted £30k probably doesn't want to do the job. Either that or she's been quoted for some Trust of Land Act work as well.

£5k? That’s insane, no wonder women are being murdered by their partners at the rate that they are.

Op, I did my own application. CourtNav was helpful, as it sets out how to structure the statement. It’s worth doing at least that but herself then asking a solicitor to check her form. If she applies ‘without notice’ it will be just her and the judge in a room together so a lot less intimidating, although they will only allow her to do it without notice in certain circumstances.

I actually had a successful without notice non-molestatation order issued. I did the application myself and its free. I would say that a strong statement is needed and evidence where possible. The bailiff served it on him and then had to attend a small hearing a few days later for his opportunity to give his side/dispute it. He gave undertakings to the court to abide by all the same restrictions that were in the order but this meant there is no power of arrest and I need to apply to the court if he breaches it… which he has, and now I have no clue how I actually put this to the courts.