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Original poster

Occupation Order

7 replies

NotSuchASmugMarriedNow · 13/02/2011 20:21

Just how bad does abuse have to be before you can get an occupation order? Sad

Do you actually have to have been seriously phsyically abused.

We are still living in the same house but the emotional and psycological abuse is dreadful, it was bad before but after I saw a solicitor about getting a divorce it has become much much worse.

Do I really have to let him do and say whatever he wants and as long as he doesn't hit me i just have to take it?

OP posts:
Original poster
NotSuchASmugMarriedNow · 13/02/2011 20:24

just found this and its quite insightful

www.familylawweek.co.uk/site.aspx?i=ed43513

does anyone have any direct experience or even just thoughts on this?

OP posts:
Original poster
NotSuchASmugMarriedNow · 13/02/2011 20:44

should i post this in relationships do you think? coz i'm not technically a lone parent yet

OP posts:
susiedaisy · 13/02/2011 21:07

the abuse does not have to be that bad,no one needs to wait until you turn up at A&E with a broken nose and a split lip, i have had to serve an occupation order on my ex several months ago, in fact i did a non molestation injunction on him stopping him from contacting me in any way for a year and then an occupation order removing him from our property, it required 2 trips to court but my solicitor was brilliant and did all the talking, once i had written down all the abuse that i could remember she took it from there, so far for me and the kids it has been fine, but then my ex wasn't beating me black and blue so it does depend on the bloke to a certain degree, my ex backed right down like a startled rabbit as soon as the authorities became involved, find yourself a good solicitor that specialises in family law and discuss it with them,

Original poster
NotSuchASmugMarriedNow · 13/02/2011 21:35

thank you -i have a solicitor who deals with family issues should i go see them and ask for an occupation order

OP posts:
cestlavielife · 13/02/2011 23:16

keep a record texts emails and what has happened each day take to solicitor.

it will cos money to get an order - ask how much.

where will he go?

freshmint · 13/02/2011 23:19

yes your family solicitor will help you
there doesn't have to be physical abuse but an occupation order against someone who is in residence (ie chucking them out of their home) is draconian and so there has to be very good evidence of psychological and/or emotional abuse. You should start keeping a diary and noting down other events which are fresh in your mind.

Your chances will be higher if there is somewhere obvious he can go and live without disruption to his work etc eg does he have parents nearby he can stay with? any other relatives?

susiedaisy · 15/02/2011 17:25

yeah the abuse/unreasonable behaviour can be varied, my ex had a porn problem as well as everything else which sadly my DC got exposed on one or two occasions, and my ex used to shout/swear at the DC as well this did not go down well with the judge and so the orders were not based so much on the emotional abuse to myself but to what the DC were exposed to as well, legal aid maybe able to help with costs, they have for me, but i have had to resign myself to a fairly hefty solicitors bill which will take me years to pay off, but in the end i felt i was left with no other choice, hope this helps in some way

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