Violent ex trying to come back to joint tenancy property, please help me?

[itsthesameoldsong]

I have posted this in legal as well but I know there are many on here who have been in similar positions so thought I would post here too.

My ex and I split up very bitterly. He actually attacked me and I called the police to have him removed during the course of the attack he broke a window and was charged later with Criminal Damage. He pleaded guilty and recieved a conditional discharge and large fine.

It is a year later and he is talking about moving back into the HA property that we are joint tenants on. I cannot possibly have him here. He is an alcoholic, has been physically violent towards me, although I never pressed charges (I know I am a fool).

I am now divorcing him and need to know how to keep him out until everything is settled and he is off the tenancy (need some advice about that as well) this will be difficult as the rental account is in arrears that I have no hope of paying off in the forseeable future and the HA will not remove him until the arrears are paid off.

Can I get an occupation order on these grounds? Could I go back to the police and now say I wish to press charges for violent incidents in the past? I am desperate, I literally cannot have him here. Please help me.

desperate bump

could you get a restraining order? then he wouldn't be able to live with you.

get a free consultation with a solicitor tomorrow

Already have a solicitor, will ring tommorrow, just wanted to see if I could get any advice today as so worried about it. Thanks for replying.

You could ring the police and ask them for urgent advice on keeping him away, especially as you have already called them once for a previous violent incident.

yes pklease speak with your housing officer first thing tomorrow, if your housing officer isn't abailable, please aask to speak to another housing officer who will be able to confirm that you can have the man evicted and have the tenancy in your name if he has been abusive.

please also ring shelter www.shelter.org.uk and they will be able to confirm this and able to talk throught he steps which have to be taken

this from shelter might be useful

"Councils and housing associations can also stop antisocial behaviour by their tenants. They can get an injunction to prevent the violent person from coming near you and your home and, in serious cases (such as racist or sexual harassment), they can evict the person responsible."

Thank you. I did speak to my Housing Officer last week about this and she said I should have done this at the time. That it is too late now to have this done and wouldn't be possible if the account is in arrears, but the situation is still present, do I have to wait for him to do something else again before I can ask for this? That is why I asked if I can press charges later. I am so angry with myself for not doing it at the time but SS were becoming involved because of the third time the police had been called rule and I was too scared to do it.

i dont know if it is time limited, my instict tells me not.

i do know that as a rule you cannot change tenancy if the account is in arrears, however i don't know if this applies in a domestic abuse case.

you seriously need to ring shelter tomorrow, they have a legal team and know the law

if they tell you something and you don't think that your housing officer will believe you, they will copy their information and send it to you on headed paper or with a compliment slip.

believe me when i tell you that most housing officers think that shelter is a pain in the arse, i used to work for a HA and heard them complaining bitterly when a tenant actually know their rights

Speak to Shelter as custardo says. That's who re-homed me after I left my violent XP. I stayed in a hostel for 3 months first but then I got awarded a property.

You need to get an injunction on him not to be within X feet of the property because of his violence in the past, you can also try to get an emergency residence order so that you can stay there without him.

You need to keep telling the HA that he has been arrested for Criminal Damage to their property, lay it on thick! Sorry if that sounds bad but you have to remember what he has put you through.

Could you take the tennacy on yourself? Could you afford it with Housing Benefit/Tax Credit help?

Where had he been up until now? Or did I miss that?

oh and be a pain in the arse with them

be on their back constantly to make changes

and i think you should write to your local councillor

www.writetothem.com and MP

you also need to state clearly and in a non threatening way that if you are forced to leave your home with your children and give up your home to a violent perpetrator - use tthe work perpetrator becuase thats the word they use to describe perpetrators of domestic abuse - tell them that if you and your children do have to leave, you will be calling in the press.

please also note that if you think your housing officer is giving you false information or advice that you can officially complain.

please also ask your housing officer what the OFFICIAL COMPLAINTS POLICY IS

you have a lot of agencies to contact tomorrow. you will get a fuller picture of what you are able to do then. so you do have some leg work to do, but i assure you once your housing officer knows that you know your rights, are speaking to shelter and a solicitor and the cab, and your MP and local councillor and that you have asked for a copy of the complaints procedure and that you will go to the press if you have to present yourself homeless, they will take you seriously

oh and how much rent arrears? are you on a payment plan? is there any way that you could make higher payments?

this isn't going be solved overnight, it might drag out ofver a number of months, so, only if its manageble, but if you could you should try and clear the rent arrears - dont get a loan to do it though

oh and the CAB have financial people that can help you with your finances, see if you are overpaying or how you could save, please ask them about this when you contact them, they will send you a pack, you fill it in and go for an appt with them and they will tell you where to save money, if you have any loans - they will ring the lenders or write to them, or give you a proforma letter to send to them to reduce your debts

Custrado - I could've done with you about 7 years ago

Post in Legal here. You could probably get some sort of emergency order given the DV is proven via criminal proceedings - an Occupation Order? I don't know, but someone on the legal threads will do.

She has posted in Legal

Oh brilliant. Just the job.

perfect - that link is ideal. I was trying to find that the other day, the Occupation Order.

Thank you all very much, still worried but not so much now I know there is something I can do. My statement to the police says how terrified I was of him, I have a copy of it somewhere, also it was all dealt with by the DV unit and he plead guilty so it is the record. I thought occupation orders only lasted a couple of weeks though.