SHOULD I STAY IN HOUSE OR GO?
MY husband has become increasingly violent towards me. I have asked him to leave, but he won’t go. I jointly own the house. Do I have to leave if I don’t want to live with him any more? Or does the fact I have a six-year-old child give me the right to stay? IF there has been domestic violence the first thing to do is to contact the police. Depending on the circumstances they may decide to prosecute and obtain a Restraining Order themselves. Alternatively, you can apply in the civil courts for what is known as a Non-Molestation Order to prevent him threatening, harassing or pestering you. In certain extreme circumstances you can also ask for an Occupation Order for him to vacate your home immediately, but this is much more difficult to obtain and the standard of proof is much higher. Contact a solicitor, but legal aid is not available unless you can meet certain stringent conditions. In the long term, whether or not you and your child remain in the property will be dealt with either by agreement between yourselves or, in the absence of agreement, by the court within divorce proceedings if they are issued. When deciding who should live where, the court would consider both parties’ income, assets, debts and pensions as well as the needs of the child.