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Domestic violence

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  • #16
    Re: Domestic violence

    Originally posted by rob883 View Post
    whats the criteria for Occupation order?
    can CAB help me in my situation? Do i get any support from them?
    definitely go to the CAB ... they should have details of local support groups xx
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    • #17
      Re: Domestic violence

      Originally posted by rob883 View Post
      whats the criteria for Occupation order?
      can CAB help me in my situation? Do i get any support from them?
      Occupation Order criteria - is that you are an associated person ( co-habitants meets that criteria) and have home rights - (joint-tenancy meets that) - plus there is a balance of harm test - the court has to look at whether making or not making the order would cause more harm - have a read on MArilynStowes site http://www.marilynstowe.co.uk/2012/0...tassia-burton/ or CAB here https://www.citizensadvice.org.uk/re...pation-orders/ (CAB is an easier read )

      The CAB will be able to help you yes.

      Have you spoken with the Advice Line yet?
      #staysafestayhome

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      Received a Court Claim? Read >>>>> First Steps

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      • #18
        Re: Domestic violence

        is there any chance to get child arragement (if I prove )that my ex is abusive and violence person?

        Comment


        • #19
          Re: Domestic violence

          If depends whether the child is at risk of harm or not. The court, of course, considers what is best for the child, taking everything into account.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

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          • #20
            Re: Domestic violence

            Hi
            how non- mol order will affect on my child?

            Comment


            • #21
              Re: Domestic violence

              Originally posted by Berti View Post
              Openlaw

              I am appalled at your comments

              There is NO excuse for anyone abusing their partner and I mean anyone, male or female. You are effectively giving anyone an excuse for violence.

              Provoked or not , call the police . Not only is it a crime but it is having a detrimental effect on a child.

              female on male violence is very under reported

              Out of interest, what would you say to a woman who was being abused by her partner?

              Incidentally , it is not Sociology that causes anything, Sociology is the study of society
              Hello Berti

              Which comments exactly - state your point, ie give me something to work with. I never suggested nor condoned for anyone to abuse their partner. How have I provided an excuse for violence? Sociology is the external study of relationships in society - sociology looks at the problems in society. Psychology is looking internally at the problems, ie what makes people tick.

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              • #22
                Re: Domestic violence

                Originally posted by rob883 View Post
                Someone told me to apply for occupation order and non molestation order
                Hello again, Rob

                I apologise If I appeared cold towards you at first; I am just protective of families and know people use the law to manipulate their partners, by making false allegations of abuse etc. Thank you so much for telling me your detailed facts too. As your partner lives with you, besides contacting the police and bringing charges against her, you should get an Occupation Order. As Amethyst states as these are urgent situations the family courts permits free Applications for an Occupation Order. The effect of the Occ. Order means that your partner's violent behaviour will be subject to a 'significant harm' test (see below) especially as a child/ children are affected, and if satisfied your partner will be removed from the property. She could, as it seem she will, bring a counter claim against you for either an Occ. Order/ NMO combination.

                If your partner is very violent towards you, you have no option but to call the police. It's likely assault and battery. In terms of evidence for an Occ. Order/ NMO (the main remedy is an Occ. Order as it removes mother from the property but NMO stops mother contacting you at the property), let a friend photograph any injuries you have or if the police are bringing charges against her, you could potentially use that as evidence. Who do you have to talk about this with? What is your relationship with your family and friends, surely they must see what's going on, as women can hide abuse to an extent by make-up. Men simply cannot, except avoid people until the swellings have gone down etc. Is your partner a danger to your child? Is she just physically abusing you? If she is a danger to the child/ children - the social services have to be involved. It sounds like the child could be traumatised if she sees her daddy being hit by mummy.

                I posted this on a similar matter to yours at post number 13, hope this helps: http://legalbeagles.info/forums/show...ht=#post657257

                "As amethyst alludes above, the courts do a significant harm test as there is a 7 year old girl affected, as to whether there is more harm to her living where she is with mummy, or whether is safer with daddy; this is standard. Normally, harm and significant are two separate criteria but there are exceptions where 'harm' is sufficient. The child's brain is like a processing and recording machine, it processes sounds, records emotions such as fear and responses to fear, ie acquired responses such as avoidance, cowers, avoids eye contact. So the court has to make sure the child is not subject to any verbal or emotional abuse. For these reasons even emotional or verbal abuse by mother, or mother shouting at daddy in front of child, can create trauma to damage the child. In other words it need not just be physical harm it can be mental or fearing threats of violence without violence being real (perceptions in that the child's reasoning thinks it may happen but an adult is able to better reason)."

                Comment


                • #23
                  Re: Domestic violence

                  Originally posted by rob883 View Post
                  Hi
                  how non- mol order will affect on my child?
                  Non Mol Order will only affect your child if mother has been forced out of the property. So, the important matter is an Occupation Order (see above post). If your daughter is named on the NMO but it affects the mother's rights it'll essentially become a custody matter as to who 'on the balance of probabilities (fairly) is equipped to have the child live with them, by satisfying the 'significant harm' test (ie safer). For instance, does father (you) satisfy that it is safer for child to live with you than for child to live with mother. It just depends on what route your partner goes legally, ie she will obviously challenged the NMO or Occu. Order. She will have contact rights in some form to the child. As you're not married it's difficult. If you can prove by your evidence (see above post) that Mother is a danger living in the property with you and child, she (mother) could be evicted (Occup. Order). Does mother have somewhere else to live if the court were to evict her by an Occupation Order? This is a matter the judge takes into account too. How old is the child. Did you call the police on your partner? Has she been interviewed or charged for any offences yet? See my post above Rob.

                  Comment


                  • #24
                    Re: Domestic violence

                    Does yelling,screaming or swearing at child or father in front of child is abuse?
                    Coz, she said its normal...!

                    Comment


                    • #25
                      Re: Domestic violence

                      quick update
                      need some advice about my situation..
                      She just told me that she take the child
                      and move out if I not...but its far from my child school. iam so confused now...
                      should I move out? Apply for child arragement? or contact order

                      Comment


                      • #26
                        Re: Domestic violence

                        Originally posted by rob883 View Post
                        Does yelling,screaming or swearing at child or father in front of child is abuse?
                        Coz, she said its normal...!
                        I would call it abuse but I'm afraid we are victims of our upbringings. Also it does to some extent depend on the context.

                        For example calling a child a f*****g idiot once is just not right but doing it several times a day every day could cause severe harm to the child.

                        Comment


                        • #27
                          Re: Domestic violence

                          Originally posted by rob883 View Post
                          Does yelling,screaming or swearing at child or father in front of child is abuse?
                          Coz, she said its normal...!
                          It sounds likely to me.

                          Comment

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