Breach of the Peace law used to move me off own property

[MikeGambit]

I am a co-owner of property with my wife. We used to live together in the property it was our home. My wife decided to file for a divorce on the grounds of unreasonable behaviour. It was felt best for the sake of my pregnant daughter and my wife that I would leave my home on a voluntary basis. Nothing about it being permanent was mentioned. I had interests in the home in particular I was in the process of constructing a greenhouse for my plant collection, which I had been cultivating and growing for at least 30 years. I decided to return to my home and at that point desired to see how my plants were doing. My wife took exception to my presence at the property and called the police. The police officer that first arrived informed that I needed to leave the property straightaway. This was in the front garden. I was threatened with arrest if I didn't comply. I explained that I was joint owner of the property but that did not impress the officer. The officer entered the house and wrote a report from my wife. I at no stage entered the house and indeed I only wanted to see the garden and my plants. Later two more police officers arrived at the property and again I was told that my presence was not wanted by my wife and that if I didn't leave immediately I would be arrested. I explained that I had no means of getting home other than by walking because the bicycle had developed a rear puncture. I was arrested for Breach Of The Peace and handcuffed and forcibly moved.

Had I broken any laws? Was I within my rights to be on my jointly legally owned property? Two weeks later I received a letter from my wife's solicitor threatening me with legal action and the possibility of an injunction being taken out banning me from visiting the house and neighbourhood. The property is now referred to as a safehouse.

The way I see it seems different from the view taken by the police on that day. Legally I have the same rights as my wife to occupy the property, and I could claim as she did, that I don't like her presence there. Our daughter, with her first baby are living at the same property as my wife so they can be better supervised in particular visits from my daughter's boyfriend who is also the father. She had a perfectly good council flat which she decided to hand back the keys of. What upsets me is how the police use laws that are not intended for such situations inappropriately in my opinion in order to move a person on. I conducted myself peacefully and only wanted to see if my plants were being cared for as was being claimed.
Do I have the right to visit? If so, do I need to contact the police to book an appointment before going, if not, am I required to inform anyone? While I’m there, do I have to be supervised and how do I avoid arrest?

[pt2537]

I am a co-owner of property with my wife. We used to live together in the property it was our home. My wife decided to file for a divorce on the grounds of unreasonable behaviour. It was felt best for the sake of my pregnant daughter and my wife that I would leave my home on a voluntary basis. Nothing about it being permanent was mentioned. I had interests in the home in particular I was in the process of constructing a greenhouse for my plant collection, which I had been cultivating and growing for at least 30 years. I decided to return to my home and at that point desired to see how my plants were doing. My wife took exception to my presence at the property and called the police. The police officer that first arrived informed that I needed to leave the property straightaway. This was in the front garden. I was threatened with arrest if I didn't comply. I explained that I was joint owner of the property but that did not impress the officer. The officer entered the house and wrote a report from my wife. I at no stage entered the house and indeed I only wanted to see the garden and my plants. Later two more police officers arrived at the property and again I was told that my presence was not wanted by my wife and that if I didn't leave immediately I would be arrested. I explained that I had no means of getting home other than by walking because the bicycle had developed a rear puncture. I was arrested for Breach Of The Peace and handcuffed and forcibly moved.

Had I broken any laws? Was I within my rights to be on my jointly legally owned property? Two weeks later I received a letter from my wife's solicitor threatening me with legal action and the possibility of an injunction being taken out banning me from visiting the house and neighbourhood. The property is now referred to as a safehouse.

The way I see it seems different from the view taken by the police on that day. Legally I have the same rights as my wife to occupy the property, and I could claim as she did, that I don't like her presence there. Our daughter, with her first baby are living at the same property as my wife so they can be better supervised in particular visits from my daughter's boyfriend who is also the father. She had a perfectly good council flat which she decided to hand back the keys of. What upsets me is how the police use laws that are not intended for such situations inappropriately in my opinion in order to move a person on. I conducted myself peacefully and only wanted to see if my plants were being cared for as was being claimed.
Do I have the right to visit? If so, do I need to contact the police to book an appointment before going, if not, am I required to inform anyone? While I’m there, do I have to be supervised and how do I avoid arrest?

For something like this, i think that the best advice that you could be given is to get some proper legal advice. this is not something i can advise on as its not my area of expertise and to be honest anything that risks your liberty such as breaching an injunction is something id want proper advice on, something that cannot be done on a forum because we dont have all of the facts, whereas a solicitor would.