Stbx verbally abusing myself and children

That''s true but legal aid is available a local solicitor be able to help.

Each case depends on its facts.

Different judges also have slightly different approaches but the solicitor will know the court and judges and be able to advise fully.

Mitchum''s advice above to leave immediately if it''s not safe is good although many people complain of difficulties with getting through to DV support lines and refuges. Also DV agencies can''t do much about the legalities and it''s important to see a solicitor quickly to find out where you stand and what options there are in your particular circumstances.



CakesandFlowers wrote:

The whole process can take months and isn''t always a ''quick fix'' that people believe it is and aren''t always granted.....


..... I know of a few cases recently where they haven''t been granted and there were children involved.

On the other hand an interim order can be made very quickly and even though an order may not be granted many cases are resolved by the parties making undertakings. Litigants in person, I would have thought, are less likely to be successful because they don''t know how to present their case or cross examine and with non mol/occupation orders there isn''t usually time for them to research.

Also people aren''t always aware that it may be possible for an occupation order to be made under s33(6) Family Law Act 1996 rather than s33(7). Factors considered are access to alternative accommodation or the resources to afford alternative accommodation, the likely effect a court''s decision on the health safety and wellbeing of the parties and children and the conduct of the parties towards one another but there isn''t a requirement in s33(6) to establish significant harm.

I was able to get an ex-parte non-mol order granted (which was effectively an occupation order as the non-mol barred the respondent from the FMH) in 2 days, followed by a with-notice hearing (respondent present) within a week, which was also granted, for a period of 1 year.

We were back in court a few months later, where the judge agreed to accept an Undertaking from the respondent with the exact same conditions as the non-mol, but the judge extended the duration until after we have not only signed a Consent Order for the finances, but that that the agreement within the consent order has been actioned - so likely to be longer than the original 1 year, especially if the FMH needs to be sold. Also judge said if there was any breach of the undertaking, I could simply write to the court and the non-mol would be re-instated.

So it CAN be done quickly, but it wasn''t cheap - I was represented, and I am not eligible for legal aid.

If you ask you might be able to agree fixed fees for the work so it''s ring fenced many firms will do this and if they quote say £1200 ask if they''ll do it for £975 by way of example!!!