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Relationships

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

Homeless homeowner due to DV, Do i apply for occupation order?

9 replies

OkTrinny · 17/02/2025 14:05

I left the property with only a few essentials, he was arrested and then bailed back to the family home, which is jointly owned.

How do I navigate this? Police and other other organisations have not been helpful at all. I started the non mol and Occupation Order then was told by the safeguarding police officer that i won't actually need it when OH is arrested I can go back to the house with dc, and OH will be bailed away from the house. This did not happen.

Instead I'm living out if a suitcase with a baby and dc7.

I've looking for numbers online to access free legal advice but can't fine anything.

Please help

OP posts:
TipsyJoker · 17/02/2025 14:19

Contact women’s aid asap. You can apply to the court for an occupation order and a non mol. Women’s aid can point you in the right direction. They will be able to recommend a good solicitor in your area whom other clients have used and achieved good outcomes. Well done for leaving and protecting your children. Also, if you aren’t working start a benefits claim and a cms claim too. You will be entitled to half the marital assets too. So he either buys you out or the house goes up for sale. However, in the immediate, speak to women’s aid and also shelter.

OkTrinny · 17/02/2025 15:31

I don't know why people suggest womens aid, I've been told they don't over legal advice just emotional support and signpost to other organisations. I've been referred to NDV thingy and they've but me in touch with a legal service who have said I'm not eligible for legal aid despite earning only £1500 I've got to pay £3500 for non mol and Occupation Order.

Do I need a non mol now that he's on bail? How long does bail last?

So out of my depths with all this

OP posts:
AttilaTheMeerkat · 17/02/2025 16:14

The Rights of Women organisation can give some legal advice.

TipsyJoker · 17/02/2025 22:01

OkTrinny · 17/02/2025 15:31

I don't know why people suggest womens aid, I've been told they don't over legal advice just emotional support and signpost to other organisations. I've been referred to NDV thingy and they've but me in touch with a legal service who have said I'm not eligible for legal aid despite earning only £1500 I've got to pay £3500 for non mol and Occupation Order.

Do I need a non mol now that he's on bail? How long does bail last?

So out of my depths with all this

I was a previous WA service user and they signposted me to a solicitor who helped me in family court. So, they can signpost and recommend. I also saw a lawyer in the WA office who gave me free legal advice.

Contact the police officer who made the arrest and find out what his bail conditions are and how long they will last. if you don’t know the name of the police officer, just call the local police office and ask to speak to someone about it. Do you have an IDVA? If not, I would suggest you get one. Also, speak to victim support. They can give you support and advice too.

saraclara · 17/02/2025 22:07

As a pp said, contact Rights of Women. They support victims of DV with the legal side of things.

They were a great help to my friend, who was literally hours from living on the streets, 32 weeks pregnant.

saraclara · 17/02/2025 22:09

https://www.rightsofwomen.org.uk/

kkneat · 17/02/2025 22:14

what are his bail conditions? If he isn’t bailed away from the home address ask for his bail conditions to be varied. Bail can go on for months. They can also be dropped quite suddenly.
You can apply yourself for a non-molestation order https://www.gov.uk/government/publications/apply-for-a-non-molestation-or-occupation-order-fl401

Nicecuppatea2025 · 17/02/2025 22:34

I’m so sorry OP.

Yes you can do a non mol yourself but equally you’re more likely to get it granted if you ask a solicitor to help with the application. It’s a very unfair system in that the most vulnerable need to magically find a big chunk of money but it is what it is. Some solicitors offer an hour’s free time at a DV unit if you can find one - might help you write an effective application.

What was he arrested for, specifically? Why was a temporary non mol not put in place for you? (To give you time to apply for a proper one).

Nicecuppatea2025 · 17/02/2025 23:03

Can you move back in when he’s out and change the locks?

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