Occupation order - chance of success

[ErinTeresa12]

My husband and I live in a property which is rented in his sole name. he lived here 7 years prior to us moving in.
I have two children from a previous relationship and we have been married just over a year.
he isn’t abusive normally, however he hit me this weekend. So I’m now considering my options. I reported it to police, but haven’t pressed charges. I believe it was out of character for him, but I’m not sure I can continue with our relationship.
He tells me it’s his house and if I can’t continue, the children and have to leave. He wants to work it out.
I was in a DV marriage with my children’s father.
I have spoken to the council he are willing to place me into temporary housing (a hotel) I have no money to speak of, work part time. My husband works full time and has a good income.
My question is, as I cannot get a new tenancy in my own name, would have to put into temporary housing, what do you think the chances of me getting an OO to remain her with the children, even though it’s in his name and he was here previously?

thanks in advance.

[echat11]

Hi Erinteresa12

Welcome to LB

I'm sorry this has happened to you, I hope things get resolved
and that finds you in a better place.

Hopefully Celestine can advise on this. You need to be patient.

[Celestine]

Hello - Sorry to hear of this situation.

I would doubt you'd succeed in an occupation order because reasonable alternatives are available and such an order is only made in pretty severe circumstances - particularly ongoing risk. However, he does have a duty (until divorce and a little beyond) to provide for you, however this would likely be modest due to the short length of time in the marriage.

In any case, violence is always a major red flag, especially where you have children involved, especially those who have seen violence in their home before. Speak to a local Domestic Abuse Sevice and get proper face to face support before making decisions. I wish you loads of luck and love. C x