House left in a state following occupation order

[Iristhebutterfly]

I have been granted an interim occupation order pending a further hearing. NMO and PSO were issued for a year ex parte. I have been away with the kids for the past week on the judge's instructions and she told him to be out of the house by 4pm today for me and the kids to return. He suggested staying in the garden office which to me is totally bizarre but the judge has agreed to short term but he isn't allowed in the main house other than to one toilet at the back. I returned home and the house has been left in the most awful state. He has taken all of the boxes and bags that were in the garden office for storage during the house renovation and just dumped them piled up around the house and left a lot of my things piled up in the garden. Workmen need access to most rooms for decorating/plastering/carpenter/plumber and window restoration so there isn't anywhere to put things that isn't obstructive. Not one single room is safe or useable with a 1yo and 3yo and I will have to take them elsewhere again for now. He has also left lots of rubbish and broken glass etc at the front of the property for me to sort. I have taken photos and made a video etc. Where do I stand legally with this? Can I email the court this as further evidence? Can I bill him for alternative accommodation and ask that he sorts it/puts it back in storage? And will this add weight to getting him fully excluded at the next hearing? The police want to speak to me soon about DA and I am hoping may arrest him and that that could get him off the premises. Should I tell the police about the boxes too or is it just a civil matter? Currently I don't feel safe knowing he is in the garden. Thanks.

No legal knowledge but a handhold.

Are you in contact with anything like the Freedom Programme, Susie Project or similar? Women's Aid?

I appreciate that he is clearly an awful person and I don’t understand why he’s been allowed to stay in the office in the garden.. however how could he stay there with it full of boxes and things ? What was he meant to do with the stuff in the office so he can sleep in it ?

Surely he should have arranged to put it in alternative storage where it needed to be rather than in the house? And if it had to go in the house it needed to be in a say that left the kitchen/diner area free and safe for me and the children to use, and nor left my things in the garden. I was expected to go away with the kids for the past week which cost £700 so it seems like I am increasingly out of pocket when he could just move out and rent elsewhere, or stay in his office in town which has a sofa-bed and he has stayed in 18 times in the past 5 months.

DA so bad the police may arrest him but a judge allowed him to stay on the property? I wouldn't email the court or involve the police or it'll look a bit tit for tat. Can you move all the stuff to one room so you can use some of the rooms?

Surely this would come under harassment and interference to my property/ attempt to damage my property left in the garden so should be seen as a breach of the NMO? There isn't a room to move it to as the house is under renovation so the workmen need access to the rooms and they are meant to be clear, hence why the things were in storage and not in the house.

@Iristhebutterfly am shocked he's been allowed to remain "on the property" at all.

Is the solicitor who represented you available to suggest your next steps or even citizens advice in your area.

It's unbelievable that people are even suggesting that you should just "tidy up" (although ultimately, you may well have to)

It's really saddening that, after all you and your children have been through, you are still having to deal with all the crap he's throwing at you.

Definitely, go further with the legal route @Iristhebutterfly.

Good luck my lovely, I do hope you find peace for you and your little ones soon.

Maybe worth getting some advice then. Although proving it was done intentionally may prove difficul if he's simply cleared his own living space. Could you pay for some storage space and get family/friends to help you shift it. How were you planning to live in a house with your children that's being completely renovated? Sounds like things are hard for you at the minute - hope you get sorted.

No idea on the legals but I’d start with removing his stuff to the garden and piling it around the garden room.
What an appalling situation. I feel for you.

Thanks. I am being supported by Southside our local DA organisation and have an IDVA closely involved who comes to court with me etc so will see what she makes of it.

Thank you so much. I have been pretty shocked at some of the responses so far. I cannot live here with a 1yo and 3yo. I don't have a solicitor currently but am trying to see if one can take me on with legal aid. I have an IDVA so will ask her. And if i do have to arrange removal/storage elsewhere will ensure he gets the bill. I am hoping that at the next hearing he will be fully excluded. I think the agreement to stay in the office was just a holding measure as he had only been given 1 day notice of a hearing, and if was clear he isn't safe to have contact with the kids.

So have the court said he's not allowed contact with dc?

No he is only allowed video contact 3 times a week for 10 minutes at a time due to safeguarding concerns. He is an alcoholic and had been drink driving with the children etc. And done things like locking me and them in the garden. And was recurrently abusive to me in front of them.

Might there be a Criminal Damage issue?

Again I am afraid that its a legal advice job

I can't understand the judge allowing this situation given the fact he can only have video contact with the dc.How long is he allowed in the garden office for?
The boxes aren't the problem here or the work on the house.

This is completely inappropriate. Ask for an emergency court hearing and tell them it’s unworkable and unsafe.

Is it your stuff or his in all the boxes?

I would put as much stuff in one room as possible and make one room really nice for you and the kids as a living room. The legal route of making him do stuff is more time consuming and expensive than just taking a day to make some nice space for yourself

I agree with the emergency hearing. It actually makes no sense for them to have an abusive man in your bloody garden. If he’s got another office to be able to go to, he should go there.

I think, if you were to explain very clearly that you are now living with your abuser literally feet away from your And he’s now finding new way to abuse you, which just aren’t physically

Following on from this given that you will be in contact with your Solicitor & the Police shortly raise it with both when you are rather than taking up your time and adding to costs.

I understand that the settlement can take into count 'losses' a party has suffered as a result of the others actions

You have pictures just get it into storage for a couple of months.

It’s more important to have use of the house right now. I don’t think anything will happen with speed so best to focus on making your space comfortable. You could also use the boxes to block off access to the rest of the house barring the 1 toilet he can use.

and install an indoor camera.

this evidence he can’t stay anywhere on the property.

Jesus christ yet hes allowed to remain on the property? Fucking "family courts"

Tell your solicitor id make a full video to capture the reality / full scale and also show what the objects are (Out front looks like trash).

Hes a twat butDont expect anything to happen - focus on organising the house so its comfortable for you and kids.

Do you have any friends or family or can you hire unskilled manual labour (on task rabbit or similar)
Im guessing you have some £ as the house looks nice under the boxes!!!
It might be worth getting childcare for 1 or 2 full days and just going for it. Then get a third day to try and relax and rest (?)

I'd just put all the things stacked in the blue empty room (looks like it will be a dining room?
And try and restore order to the house.

Also consider a skip / dump runs - see if any of it can be got rid of

DO NOT LET THIS FUCKER GRIND YOU DOWN
.

I'd also get decent cameras in the house to document his nonsense because there.wil likely be more and I wpuldnt hesitate to phone the police

Does he own half this house or is it just yours. And where has all this stuff come from. Is it yours or his.

The house is currently 65% mine 35% his. The stuff is both of ours and a lot is the kids stuff. It was all meant to stay in storage while the house is being renovated and we had kept the kitchen/diner as the clear living space for now. With a plan to sort/unpack it all gradually once the bedrooms and reception rooms were finished. So it's now in the way of the workmen and obstructing the renovations as well as the impact on me and the kids. The workmen helped me move some of it yesterday to create a little space but it's still in an awful unsafe state. I will attach the photos to my next statement about the occupation order anyhow. The house will now have to be sold in the next year or two so I can't even face the thought of unpacking!

Yes to me it seemed like a bizarre arrangement. It is only until the next hearing in 2-3 w time and I really hope that then the judge sees this is unworkable and fully excludes him. (Not least because the abuse was at MARAC level and he is still allowed a key to the back door to use the back toilet!). I have been asked to come up with a financial proposition before the next hearing. If I have to take over all mortgage and bills and childcare costs that leaves me with a deficit of 1k a month even with child maintenance which is not sustainable. I don't know if I can try asking that he pays half nursery fees which leaves a 500 deficit and I could cover with savings for a year. It just all seems so unfair when he spends hundreds on alcohol and things like going to spa hotels by himself when he disappears.

I think realistically you are going to gave to sell the house. I take it you're not married?