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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Domestic abuse and restraining orders

11 replies

IsSpringhereyet · 23/10/2018 17:11

I finally told my H that I wanted to leave our relationship in April. This was after years of what I now know was controlling behaviour, lies, mood swings, rages, drunken binges and constant demands but general neglect of me and the children. I agonised for months but finally clicked that he had been taking cocaine for years - he had hidden it incredibly well but once I knew what I was looking for it became clearer. His abuse had been so subtle and so prolonged that I still question if it was in my head but the lies and the drug use gave me the justification I felt I needed to leave.
He pretended to accept it but clearly didn’t. To cut a long story short, I rented a house and he agreed to go but we ended up using it on a rotating basis so our 3DC could stay in the family home. Problem was he was happy to go for his drug binges but the rest of the time he would be around the family home when it was my turn with the DC. When it was his turn to have DC he would phone and text constantly and demand to know where I was and who with. He would call me constantly at work and if I didn’t reply immediately to his texts he would rant and rave telling me I lacked respect and common courtesy and that I “would pay”.
Unfortunately he then moved back to the family home and I had no further money to move out again. He told me I could not take DC. He continued to harass me whenever I went out and would insist on knowing where I was. The rest of the time he would pretend nothing had happened and try to hug and kiss me despite the fact I was now living in a converted room above the garage and kept telling him our relationship was over (which made him angry). At this point he would confront me after I had been out for the evening, telling me I was a liar and a sponge and that he had “carried me” for the 15 years of our marriage (I had given up my job to become a SAHM). He was vile to me and started to push me (on one occasion he shoved me and I fell over).

It escalated one evening after he had been drinking/taking drugs all day. He attacked me in front of our children and my daughter (13) had to pull him off me. I was utterly terrified and ran to my neighbours asking them to call the police. He was arrested and bailed with conditions not to contact me or come to the house. He has since breached the bail conditions and I have reported him for this. He has pleaded not guilty to the assault charge and is putting pressure on me through his friend and my family (who are acting as intermediaries relating to contact with the children) to withdraw my statement to police. He is saying if he loses his job we will lose our house and the children will have to leave their fee-paying schools.
I am holding firm but terrified as I am worried about what will happen after the trial and when his bail conditions no longer apply. There is little doubt in my mind that he wants to come home. I can’t afford to move out but he can’t afford to find alternative accommodation and pay the school fees. He will not countenance putting the children in state schools. I am desperately trying to get a better paid job and to find alternative schools for DC.
Can anyone tell me if they have any experience of restraining orders? If I get one will it stop him from coming back to the family home in the same way a civil law occupation order would? This would give me enough time to get the house on the market although I doubt we could sell in the current climate unless we put it on the market at a stupid price. The thought of him coming back terrifies me. My family solicitor says she can’t advise me on criminal law matters. Has anyone been through anything similar? Thank you so much for reading this far. 💐

OP posts:
Racmactac · 23/10/2018 17:41

If he is found guilty at court then the cps can ask for a restraining order to prevent him from returning to the house. In the meantime you will then need to sort the financial side out.

If he is found not guilty then you need to ask your family solicitor to get a non molestation order against him.

The civil test is easier to pass tab the criminal test.

Do not engage with the family members - I'm pretty sure it would be breach of his bail to get other people to discuss with you.

It is a tactic of criminal solicitors to tell clients to plead not guilty right up to final hearing because there is a really good chance that you won't turn up to give evidence.

IsSpringhereyet · 23/10/2018 18:51

Thank you Racmactac! I understand they can now make an order even if found NG but I just wasn’t sure if magistrates would grant an order knowing it would effectively bar him from the family home. He is threatening not to pay the mortgage and trying to force me to move out.

OP posts:
Racmactac · 23/10/2018 20:23

Your family solicitor needs to start divorce proceedings and get the financial side into court ASAP.
There seems to be no point in hanging around.
Get an application for maintenance pending suit so he has to pay the mortgage.

ALittleBitConfused1 · 24/10/2018 06:19

I went through this with my ex. He pleaded not guilty too. A police officer told me that they always plead not guilty at first, its what their legal advisors tell them to do. In the hopes you dont turn up at court, because a large proportion of women dont. I was also told to expect a change of plea on the day, once his solicitor knows you have arrived and are going through with it. Within 20 minutes of me being at court they were offering me a deal if he plead guilty. Which i accepted. He avoided prison and i got a restraining order with exactly the same conditions as his bail ones.
A couple of things to consider. The first time they attack you is never the last. Thats why 105 women a year die in the uk alone as a result of dv. He has to be taught that you cant assualt someone and get away with it.
You cant drop the charges once the CPS has taken action. You can withdraw your statement but as there are other witnesses and evidence (photos of injuries etc) the court case will still go ahead and the court can issue a summons to force you to testify.
You need to consider the implications surrounding your dc safety. He attacked you in front of them. If you refuse to give evidence and get back with him social services are v likely to become involved as they will definitely see this as a safe guarding issue. SS do not think well of children being raised in volatile and abusive situations. The emotional damage this will cause and the physical danger they could potentially encounter will be immense. Boys raised in voilent situations are at a greater risk of becoming dv perpetrators and girls who watch their mothers being beaten by their fathers are at a greater risk of becoming victims.
I wont lie, this will be the toughest time of your life, but for your children, your mental health and your actual saftey it will be one of the best things you do. The police should have completed a DASH questionaire with you and provided you with details of agencies who can help. Use them, take the counselling it will be a great help to you now. The local womans centre i was referred to literally saved my life leading up to the trial.
Finally well done. You have shown huge courage, be proud of yourself.
And dont let him continue to manipulate you. Any changes that will need to be made to your childrens lifes (new school, new house) will do far less damage to them than this man will do.

ALittleBitConfused1 · 24/10/2018 06:55

Oh forgot to say his bail conditions should state he isnt allowed to contact you either directly or non directly. The family members are helping him manipulate you and break this condition.

KillSwitch · 24/10/2018 19:23

If he's putting pressure on you to withdraw then it's witness intimidation and actually quite serious, please report this to the police.

Soopermum1 · 24/10/2018 20:55

You've been given great advice here, OP. I was in this situation too. He admitted it but got an 18 month restraining order (he breached the first one immediately)

He hasn't lost his job and it doesn't seem to have impacted his prospects at all.

You've been given a lifeline, grab it with both hands. You've come this far, please see it through.

IsSpringhereyet · 24/10/2018 22:33

Thank you, all, for your advice and support. I was feeling almost like my old self yesterday and today but now I have received another e-mail from the so-called intermediary, again pressurising me about the charges and telling me that H considers it his “moral duty” to defend himself robustly because the consequences of being found guilty will be so grave. Frankly this makes me feel so angry I am less inclined than ever to withdraw my statement. I can’t fathom what possible defence he might have - is he going to say I made it all up? Admittedly there were no injuries but I was terrified - he was pulling my hair and smacking my head down on the sofa - and I felt I was literally escaping for my life when my daughter pulled him off me. Luckily he was so drunk she caught him off balance but he still pursued me through the village screaming abuse at me as I found refuge with a neighbour.
What is making me queasy apart from the fact the magistrate(s) might not believe me is the entitled demands he is making about access to the children whenever he wants. How he wants me to rotate in and out of my home so I will have to share with him and how I am going to have to pay for more of the outgoings which he knows I can’t do as I am paid under a fifth of what he receives in salary each month. He is cancelling direct debits and the utility companies are writing to me with reminders to pay. Financially I feel as though things are crashing in on me. I can put the house on the market but the idea of trying to get it in order with a full time job and 3 kids to look after mostly single-handedly (H is just Disney dad at the weekends) makes me feel exhausted at the thought.

You are right, I need to instigate divorce proceedings. I am just terrified he will be acquitted and come back to the house; I think he will seriously injure me if he gets a chance. I am so sorry for everyone else who has gone through this - I only hope it will get better.

OP posts:
queenjosephine · 24/10/2018 22:50

Hi OP
How are you doing?
It sounds like a very tough time.
How old are your children?
Have you spoken to your local DV agency or Women's Aid?
Have you considered going to a refuge to keep you and your children safe?
This all sounds really concerning, especially as he is using narcotics & alcohol as well as sounds incredibly abusive.
I am wondering if you can get a non molestation order in place now?
You can do it for free online & if you take the papers to the family court yourself, can even get it served to him the same day/the next day.
You can google gov.com non molestation and have a read.

IsSpringhereyet · 24/10/2018 23:04

Thank you queenjoseohine. I didn’t realise it was so straightforward - I’d assumed I would need a solicitor. I would have left to live with my mum by now were it not for the kids’ school. I’m just worried about how to transfer them to a different school mid-academic year. Would WomensAid be able to advise on that sort of thing do you think?

OP posts:
granny24 · 25/10/2018 09:30

Contact the local education authority where you mum lives. They are legally obliged to find school places for your children

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