Non Molestation and Occupancy Order

Hi All
Please please help me. I have reached the end of a short marriage - two years - five years together.
After months of arguing he has accused me of having an affair - I am not but that is irrelevant - he has accused me of many things, checked my mileage, texts, emails and social media.
Last week he caused an argument and I was so scared that I went to a safe place. After I left he called the police and said that I had assaulted him. I had not and there was not a mark on him. The police arrested me and I was released without charge the next day (too traumatic to even think about)
When I got home he had been to court and issued a non molestation order and occupancy order ex parte against me. With hindsight he has planned the whole thing. I am not to pester, harrass etc him and also he must have access to the marital home.

As a result of the vagueness of the order I have moved out and rented a room - all he has to do is pick up the phone to the police and say I have done something.

This is the situation

I own the house outright and it is registered in my sole name. He has registered his rights to the home with the land registry because of our marriage
He is living in the house whilst I am in a rented room
He earns more than I do
I am paying all the bills and he is not contributing at all - so he is living in my house rent/bills free. I am even too scared to cancel Sky and BT Broadband which I am paying for in case this contravenes the order.
He earns more than me and has no other money commitments.

I have searched and searched as to how I can defend this order. I understand that he is entitled to some money from the house because of our marriage which I am prepared to remortgage in order to do. However I cannot afford to rent a room and pay all the bills.


The non molestation order is almost irrelevant to me - I have not intention of speaking or communicating with him.

I just want my house back.

Can I get a non molestation order against him?He is sending intimidating emails and texts to me to which I do not respond.

He has also driven miles and searched to find out where I am living - I did not tell anyone where I was.

What can I do?

You would be well advised to see a family solicitor. There is a general court rule that the unsuccessful party to a court action pays the costs of the unsuccessful party. That means even if you represented yourself it can be a false economy because you can be ordered to pay the other side''s legal costs.

Non mol cases are often be resolved by both parties taking undertakings. With occupation orders the court must give regard to the way the parties have behaved towards one another & the availability of alternative accommodation or the ability to pay for alternative accommodation.

A family solicitor is best placed to present your case & cross examine on your behalf. They can also advise about funding options if a lack of funds is an issue.