If only family law was that straightforward and we could provide a yes or no answer – unfortunately it isn’t and many questions would have to be answered in order to determine your legal position.
Have you been served with an Occupation Order that clearly prevents you from returning to the property – If so then you must comply with the terms of that order for its duration. Not doing so could and would open you up to a breach of that Order which could end up in your arrest. If you have been served with an Order you should be provided with the opportunity to respond and provide reasons why you must return to the property and the court will then determine the application after hearing all the evidence. This takes time and you must comply with the order in the meantime.
If no order has been made, but there has been police involvement and you are being told or asked not to return, then it is more than likely your partner or ex partner will be advised to obtain an Occupation Order. Equally if it is you that has suffered domestic abuse at the hands of your partner and you fear for your safety or the safety of the children then you could make an application to remain in the property and have your partner excluded.
An Occupation Order prevents a person from coming to the property and sometimes has a restriction with regards to distance around the property. It is normally for a specified period of time. It can even permit both parties to remain at the property but with zonal restrictions regarding which rooms you can use or the times of day you can use them to try and avoid you coming into contact together whilst remaining under the same roof.
We suggest that no matter what the situation you remain calm and reasonable as your actions and reactions will no doubt be recorded or monitored and used against you when the matter does come to court.
If you are the joint owner / tenant and there are no issues or allegations of domestic abuse or police involvement then you are legally entitled to enter the property. Bear in mind that if you have been asked to leave and then return your ex may well allege you are harassing and pestering and that they are fearful which will, no doubt lead to an application for a Non Molestation Order and Occupation Order. This is why your conduct and behaviour is essential to your case in the long term.
This is an extremely difficult situation to find yourself in and the court has to consider a number of factors once an application has been made. This includes the conduct of both parties, the financial resources of both parties and the availability of alternative accommodation for both parties. As mentioned above there is no simple answer to this question.
If you have found yourself being served with an Occupation Order; if you wish to apply for an Occupation order or if you are unsure as to what to do next please contact us and we will be happy to assist you. At FLPS we understand that having to represent yourself in family matters is daunting and stressful. We are here to offer supportive, affordable assistance and help you ensure your voice is heard.
Contact us on info@fl-ps.co.uk or visit our website www.fl-ps.co.uk for more information and we will be happy to chat.