Restraining orders and subsequent effects on property rights

ldxo15wus6fpgm

In a completely fictitious scenario, we have a married couple who are in a joint tenancy on a house. There is domestic violence going on so the wife gets a restraining order against the husband (lets say they are in the process of getting a separation).

Would the court decide who can stay in the house? If it does I would assume the court would favour the victim. What if it's a tenancy in common and the husband owns a bigger share of the house?
How would the justify depriving the man of acting on his property rights? Would it refer to the safety of the wife or something else?

Thanks

MagicSean

Do you mean a domestic violence order? There are two types. One type allows the respondent to stay in the house but puts conditions on his behaviour. The second requires the respondent to leave the house and is generally only granted when there is a real threat of violence to the applicant.

Kosseegan

The barring order is made in the District Court. It is made on the basis of safety. There is no enquiry about ownership. The right to life is generally regarded as superior to the right to property. The man can seek a judicial separation and try and have an order for sale of the property made with his share being returned. This is at the discretion of the court which is concerned with making proper provision for both spouses.

ldxo15wus6fpgm

Got it. Thanks very much