Can I defend myself against unreasonable behaviour in divorce?
You are legally entitled to defend the allegations but defending a divorce can be costly and the Court may decide to grant the divorce anyway.
Family Law Case Study - Non Molestation Court Order
12 April 2016
Client Situation
Ms. J was living with her partner for four years. She left him a year before she contacted us. They had a child together who was 3 years old.
During their relationship and after they separated, Ms J's partner had been violent towards her, intimidated her and verbally abused her. She was a victim of domestic violence.
Although Ms J had ended the relationship with her ex-partner, he was named as a joint tenant on their housing association tenancy agreement.
Ms J wanted to make sure that her ex-partner could not enter her home or abuse her any more. The Police were not in a position to help Ms J.
How We Helped
An urgent application was made to the Family Court for an Occupation Order, along with a Non molestation Order and Ms J. went to Court for a hearing the next day.
The Court made a Non molestation Order to protect Ms J. from her ex-partner.
The Non-molestation Order stopped him from:
- being on the road where she lived, being on the road where their child attended school
- communicating with her except through a third party
- harassing, intimidating or pestering her
- damaging any of her property.
In addition, the Court also made an Occupation Order. This Court order stopped her ex-partner from entering the property, even though he was still on the tenancy agreement.
Both of these Court orders were made without Ms J's ex-partner being at Court.
The Outcome
Both the Non molestation Order and the Occupation Order were made final to last a year. This meant that Ms J was protected and her child was also protected at school and at home.
