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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22385
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Peral JA: The Lawyer will need to help you with this. Have

Customer Question

Hi Peral
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes
JA: What advice did they give you?
Customer: That I take out an injunction against my mother in law who lives with me and my husband. She has been verbally abusing me and I have a recording to prove it
JA: Please give me a bit more information, so we can help you best.
Customer: My husband and I are divorcing. We live in the same house and he has moved his mother in as well and she will not go or let us have any space.
JA: OK. The Lawyer will need to help you with this. Is there anything else the Lawyer should be aware of?
Customer: yes
JA: What else should I tell the Lawyer?
Customer: I need an injunction taken out to banish his mother from the house as I cannot cope emotionally and I need to remain amicable in such a difficult situation
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: UK Law
Expert:  Stuart J replied 5 months ago.
Good morning. Thank you for thequestion. It is my pleasure to assist you with this today.I need some more information fromyou please. Have you referred this to the police?Why don’t you simply ask her toleave when your husband is not there? You are fully entitled to do that. Shecan move back in when he moves back in because he is entitled to have gueststhere but meanwhile, it would be awkward in the extreme. As much background detail aspossible is really useful please. Thank you
Customer: replied 5 months ago.
Hi, she has been verbally abusing me and negatively influencing him. Will an injunction exclude her for a few months until we sort out our divorce? The police said they could tell her to go if she refused to but she would come back. I need something a bit more long term. I have recorded proof of her verbal abuse. She hates me and said she is not moving until we go through the divorce. The house is in my husbands name but I got an occupation right to live there. The court said to complete an FL401 form but that is just a warning. The judge did not attach this to the initial occupation order I got last Friday for some reason.
Customer: replied 5 months ago.
Just to clarify that I moved out on a 3 week break period, when I came back he had changed the locks and moved his mother in knowing that it would be difficult for me to live with her. I moved back anyway after a Occupation Order was served on him. I could ask her to leave but she would just tell me a few unkind words and it would make matters worse. She needs to be excluded from our marital home for a long time and not to come near us as well so we can sort things out as best we could. I do have a recording and she has a record of verbally abusing others too.
Expert:  Stuart J replied 5 months ago.
Does the occupation order allow both of you to live in thehouse or has your husband been ordered out? The reason I ask is that you saythat you and your husband both live in the same house so, what was the reasonfor the occupation order? Was he trying to throw you out?Did you ask the judge for a non-molestation order?
Customer: replied 5 months ago.
Yes, the order allows both of us to stay in the house. He locked me out of the house when we were on a 3 week break period.
I applied for the non-molestation order but the judge did not attach it to the occupation order for some reason. Not sure if the non- molestation order is strong enough as I need her excluded not to just simply stop the verbal abuse.
Expert:  Stuart J replied 5 months ago.
Thank you. You need the order varied to get her out of the house and a non-molestation order to stop her continual abuse either through athird party or directly to you.
Customer: replied 5 months ago.
Thanks Stuart, just to clarify, so I have to adjust the Occupation order to to reflect that she has been verbally abusive on the phone about me and my family, directly to my face and I have a recording to prove it. I need space to talk to my husband to try and be amicable in what is already a difficult situation as he has already served papers on me. My father died 6 months ago and I have not had a chance to be alone with my husband in the house and readjust without her always interrupting and shouting late at night, glaring at me and basically living in front of the television in the living room (in front of the television and on the sofa). My husband refuses to talk to me unless it is in front of her or she comes in the middle of it but there are only the 2 of us in the marriage not my mother in law etc...?
Then the non molestation order needs to outline the conditions such as she needs to leave the house and not come back or talk to me or ring and leave messages for me via someone else.
Expert:  Stuart J replied 5 months ago.
In a nutshell, yes but what you also want this to stop contacting you even when she is outside the house or doing it through a third party hence, the occupation order and the non-molestation order.The fact that he may have served the divorce papers on you is not relevant and indeed, many people reconcile right up to the time before they get the Decree Absolute.
Customer: replied 5 months ago.
Would she need to go to court to be heard? My husband had to attend to be heard but it was still served. She may claim that she is frail and cannot attend or be moved from the home- although there seems to be nothing wrong with her legs when she is in our home- which is what I fear.I'll keep my fingers crossed.
Customer: replied 5 months ago.
Thanks very much for your help Stuart!
Expert:  Stuart J replied 5 months ago.
The initial emergency application could be made withoutnotice and the first she would know about it would be when she got the orderbut she would be entitled to ultimately defend her position because anyemergency application would only result in an interim order.She may be too frail to attend in which case, she’s going tohave to get solicitors and you can make the points that you’ve made to thejudge.Please don’t forget to use the rating service when you havea minute. It doesn’t cost extra and it does help me greatly so I do get somecredit. Thank you
Expert:  Stuart J replied 5 months ago.
Good morning. Can I assist you any further with this?When you get a moment, please don’t forget to use the ratingservice to rate my answer positive. It doesn’t cost you any extra but it’s theonly way that I get credit so it does help me greatly. Thank you.

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