Removing your spouse from the family home

If your relationship has broken down, and you still sharing a home with your partner, you have options as to who vacates and how this is done. If you are unable to come to a decision alone, we are here to assist.

We are often asked by clients if an occupation order can be obtained to evict their spouse from the family home. For such an application to succeed you need to show that there is abusive conduct sufficiently grave that it poses a risk of harm (which can include emotional harm) to you or your children. This is something we can assist you with.

Similarly, to an Occupation Order, Non Molestation Orders can be granted for the following sorts of reasons.

• Pestering or harassing

Usually, a repetition or pattern of behaviour that the victim finds to be pestering or harassing. This could be by text message, email, or phone call. It could also be in person, hanging around your place of work etc.

• Threatening and intimidating

Any behaviour that causes the victim to feel intimidated or threatened, this could be from the tone or content of communications (including electronic), or making threats, this isn’t limited to words, it can include presence, expression, and body language.

Commonly Non Molestation Orders and Occupation Orders last for 6 months, so are a short-term remedy whilst you seek other services and advice.

Our Services

Other services and advice we can offer include pointing you to the domestic abuse support services, issuing written warnings, and applying to court for protective injunctions against your spouse.

Meeting with you privately in person or remotely is easy to arrange. Once you have spoken to us you can make an informed decision about what to do next, including which services to approach and how the law can make things better.

We are unable to offer legal aid, but if you need urgent help and you qualify for legal aid contact https://www.nationaldahelpline.org.uk/en/Legal-Help

Call us now on 01273 604123, email us at enquire@bbc-law.co.uk or you can fill out the Enquiry Form, available on our website.