breach of court order

My husband and I have split up, because he refuses to move out we have to continue to live in the same house 3 days a week. He pays nothing into the house, mortgage or otherwise. We have 2 children together who are under supervision by social services due to his abuse. Consequently, the boys and I have to move out while he is here for our safety. There is an occupancy order under 33 to 38 of the family act upon him. I have not allowed him in the property today as my children and I have been through enough. The police wa
Were called but they have said that I have breached this order, even though it is written to him, not me. Is this correct? So I will be up in court next week it looks like and I don''t have my legal aid through yet so will be unrepresented, any advise??

I think that immediately you need to make a formal complaint to the Police do not delay as this incident is fresh in your mind.

I also believe that you need to get in contact with social services who have been supporting your children in all of this and explain what is happening.

I am not sure but I think that you should be asking for an adjournment of the court proceedings based on contradiction and lack of evidence and also your current complaint which is ongoing with the Police.

What are the terms of the order? It is possible that the occupational order is binding on both parties. Sometimes occupational orders stipulate that each party lives in different parts of the property or occupies it at different times.

Yes the court order says that ''whilst in the property'' both parties shall only use the lounge on alternative evenings from 8 - 11pm, but there is no restriction on it at any other time!!! Also we can only use the kitchen during certain times, but again at others there are no restrictions! It is very confusing and what should I be complaining against the police for?

If the order was in your favour and the Police are saying that you have breached it rather than him I think you should make a formal complaint and ask for it to be investigated - especially as the order is supposed to protect you and children from your husbands harrassment.

You don''t need to be horrible about it is just a proceedure that you go through as a type of mediation. It is called dispute resolution and someone more senior should come out to your house and go through the sequence of events with you and explain why things happened as they did.

Assuming you accept and understand you are then asked to sign a sheet saying the dispute is resolved, unless of course you do not get a resolution and a proper explanation at which point you can decline to sign and ask for a further investigation.

I had a problem with the Police once and did formally complain and a supervising officer came out to my house, went through things with me (actually I had no personal complaint about the Police officer who had attended just about the way the Police officer sided with one particular social worker who was very prejudiced towards me and my children).

So it all got resolved and I ended up happy.