What if my spouse is violent or kicks me out of the family home?

If your spouse is violent or forces you out of the family home, it is crucial to proritise your safety.

If you fear violence or are subject to violence, the court can and will protect you. For victims of domestic abuse (be it physical, verbal or emotional harm) the court can make non-molestation orders and occupation orders each giving you comprehensive legal protection. If possible, document any incidents of violence or threats.

Non-molestation orders (“non-mols”) are designed to protect your from harassment. Normally, they will prevent your ex-partner from harassing you and threatening you with violence. Sometimes they will bar them from contacting you directly and from going near you. Read more on non-molestation orders here.

An occupation order, often obtained in tandem with a non-molestation order, will help secure you in your family home. The order can secure your rights to live in the home (even if you are not the owner) and can prevent your spouse from returning there. Alternatively, an order can be used to divide the family home in two, with each party having their own secure space. Read more on occupation orders here.

Non-mols are backed by criminal law. Breaking one is a criminal offence, and your partner can be arrested immediately if they break the terms, even if they have committed no other crime. Your local police will be notified that the order is in place and will help protect you if the order is broken.

Vardags are sadly used to supporting people in these frightening circumstances. If you fear domestic violence, we can help you get these orders and advise you on to how to best protect yourself. We will advise you on the appropriate medical and psychological evidence put before the court and do all we can to build up the evidence in your case.

In addition to court orders, we can introduce you to providers of specialist security so that you can have peace of mind in your home and elsewhere.

If you feel at immediate risk of domestic violence, please contact the police straight away.

Even if your partner is not violent, they might threaten to “kick you out” or to change the locks on your family home. 

A spouse’s rights include remaining living at the family home even if it is owned in their partner’s sole name. This is because of a principle called “home rights”, which also, when properly registered, prevents your spouse from selling the property from under you or from kicking you out. 

As experienced family lawyers, Vardags are used to helping people register and protect their home rights and will help you to continue living in your family home.

If you’re considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.

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