Injunctions : non molestation and order of occupation

[Ouma2309]

can anyone tell me HOW an abusive WOMAN who assaulted her husband twice, is abusive to her children managed to get a non molestation order and order of occupation from a solicitor preventing him from re entering the home and leaving him homeless with a 16 month old baby? Surely this a lack of ethics on the part of the solicitor or perjury or something? The police report clearly states that she assaulted him and she was escorted off the property by the police on the friday, came back on the saturday and tried to assault him again and take the baby away from him. The police then charged her took her into custody and let her go. On the sunday when he was out she got the non mol and occupation order from a local solicitor and broke into the house. Luckily a police officer called her husband and warned him that she was there with her mother so he didn't go home. Had he done so she would have taken the baby and had him arrested. obviously she must have said to the solicitor that he assaulted her but the physical evidence says differently. This went to family court and the judge overturned it giving him a prohibited steps and social services were to do a core assessment, she was granted 2 hours a day SUPERVISED ACCESS however Social Services overturned that and gave her UNSUPERVISED., The police got Social Services involved because of some video evidence of emotional abuse of the children, there is neglect, emotional abuse and physical abuse, serious stuff but Social Services seem to be all over her as the poor victim and are paying no attention to the husband. He is terrified the baby will go back to her and of what she will do .... We just don't understand HOW on earth things have gone this way. Why is he being taken to court by her? She is the perpetrator, she is violent, has previous domestic violence issues while he is really a caring father. He has done the major part of caring for the children, his baby and her child from a previous relationship who was the subject of the video and is still with her. Any help or advice would be greatly appreciated..

[labman]

Re: Injunctions : non molestation and order of occupation

Forgive me asking as you're clearly upset by this, and understandably so. I assume you are friends with the male party? Is all the above information what you have been told, 100% fact or what?

If he is being taken to court, will he not be able to have legal representation to put his side of events, including some powerful witnesses from the police?

[Hurricane Puffrose]

Re: Injunctions : non molestation and order of occupation

Hello, and thanks for bringing this to us,

People forget that men are victims of domestic abuse too, and often the mother is seen as the innocent party. Having a 6'6 ex that was beaten by a 5'4 woman, I can tell you women can be worse than the men!
I would suggest that he applies for the same non mol order for her, and makes a formal complaint to Social Services. May I aslo suggest that he joins us, for moral support if nothing else, there is no shame in a man admitting he was enough of a man to refuse to lay a finger on a woman, no one will judge him at all..

We have an incredible former policeman here, what he doesnt know about the law isnt worth knowing, I will PM him this thread and ask him to look for you.
Sending loads of love and support your way, and if he, or you need someone to talk to, there is always someone on the other side of the screen.

[Celestine]

Re: Injunctions : non molestation and order of occupation

OK so he currently has 'unofficial' residency of the baby?

Where is he living?

How is he supporting himself and baby financially?


She lives in the Family home with her child from earlier relationship?

What is his relationship like with that child? How old is that child?

How long were he and mother together?

Any previous convictions/cautions/arrests for DV/child issues?

He is being taken to court for access to the baby; which is her legal right as the biological mother.

Whilst dad undergoes this process, it is PAINFUL, accusatory, false, slow, depressing and at the same time possibly the most upsetting process any parent can experience aside from ill health in their child.

I knew someone who experienced exactly the same where she had non mol and occupancy. Her ex went to a TOTALLY DIFFERENT court with a mortgage document and successfully got a 48hr notice for her to hand over keys. When she refused, she received a Notice for her committal to Prison. Of course it all got sorted eventually in Court but at the time was outrageously stressful and wrong. The Judge in the original Court threw the book at him.

Take a deep breath. This is a long fight, but as Dad has residency of a small baby, already he is a very strong position.

xx