Breeched Protection Order

MumsInBiz

I have a protection against my ex-husband he breeched the order.He was arrested and is being charged. He has been living with his girlfriend for the past 2 years but has had keys to the home house because he pays the mortgage. After that instance I changed the locks so he could no longer come and severely abuse me which severely upset my child. I have got a solicitors letter saying I must give him a set of keys. We can never go back to the abusive situation, I will have leave my beautiful home and go into sheltered accommodation if he has access to us again. Has anyone being in this situation before. I am in contact with women's Aid, they say I have to give him keys even though he is an dangerous man.

goz83

Was there a question to follow?

MumsInBiz

goz83 wrote: »

Was there a question to follow?

Has anyone being in this situation, if so what did they do?

Little CuChulainn

A solicitors letter isn't a legal obligation. Unless a court orders the return of the keys you don't have to hand anything over. If I were in your position I would apply for a barring order as the safety order is not enough.

MumsInBiz

Little CuChulainn wrote: »

A solicitors letter isn't a legal obligation. Unless a court orders the return of the keys you don't have to hand anything over. If I were in your position I would apply for a barring order as the safety order is not enough.

People tell me a barring order is very difficult to get, I have made several statement over a 3 year period to the guards. Do you need to be black and blue to obtain a barring order or is that hearsay?

Little CuChulainn

MumsInBiz wrote: »

People tell me a barring order is very difficult to get, I have made several statement over a 3 year period to the guards. Do you need to be black and blue to obtain a barring order or is that hearsay?

You have to convince a judge that he poses a physical threat. If you don't feel up to it then you should consider hiring a solicitor to make the application.

MumsInBiz

Little CuChulainn wrote: »

You have to convince a judge that he poses a physical threat. If you don't feel up to it then you should consider hiring a solicitor to make the application.

Thank you, I am up to it, I will do anything for peace. I will work on it after Christmas.

goz83

Good luck with it. The original post had no information. The record of him being arrested should assist with the barring order application. Happy christmas.

godtabh

MumsInBiz wrote: »

Thank you, I am up to it, I will do anything for peace. I will work on it after Christmas.

Not being smart but if its such a clear and present danger to you now my wait till after Christmas?

MumsInBiz

godtabh wrote: »

Not being smart but if its such a clear and present danger to you now my wait till after Christmas?

Thank you for your reply. Not that I have to explain myself but it is only 4 days till Christmas . I don't think I could make any progress in such a short time. Besides that I will be away for Christmas. I do wish you a peaceful happy one just what we all deserve.

seamus

As said, the solicitor's letter has no more weight than a letter from your ex himself. Do not give him a set of keys. Hold onto the solicitor's letter, but don't respond to it, either by letter, text or phone call.

All he can do is take you to court to ask for the keys to be provided. If he does go down that route, you and your solicitor can put together a case to convince the court it's a bad idea.

I would recommend also perhaps fitting an internal bolt on the door that you can lock when you're in the house. If he doesn't get a hold of your keys, his next move may be to try and get a locksmith (or someone less reputable) to break open the lock. With an internal bolt, at least you'll know this is not possible while you're there.

If he does go down this route, change the locks again, then engage your solicitor and pursue him for trespass. He may pay the mortgage, but he doesn't live there and is not entitled to enter the property.

MumsInBiz

seamus wrote: »

As said, the solicitor's letter has no more weight than a letter from your ex himself. Do not give him a set of keys. Hold onto the solicitor's letter, but don't respond to it, either by letter, text or phone call.

All he can do is take you to court to ask for the keys to be provided. If he does go down that route, you and your solicitor can put together a case to convince the court it's a bad idea.

I would recommend also perhaps fitting an internal bolt on the door that you can lock when you're in the house. If he doesn't get a hold of your keys, his next move may be to try and get a locksmith (or someone less reputable) to break open the lock. With an internal bolt, at least you'll know this is not possible while you're there.

If he does go down this route, change the locks again, then engage your solicitor and pursue him for trespass. He may pay the mortgage, but he doesn't live there and is not entitled to enter the property.

Thanks so much, I have been worried, I will definitely take your advice.

ComfortKid

MumsInBiz wrote:

I have a protection against my ex-husband he breeched the order.He was arrested and is being charged. He has been living with his girlfriend for the past 2 years but has had keys to the home house because he pays the mortgage. After that instance I changed the locks so he could no longer come and severely abuse me which severely upset my child. I have got a solicitors letter saying I must give him a set of keys. We can never go back to the abusive situation, I will have leave my beautiful home and go into sheltered accommodation if he has access to us again. Has anyone being in this situation before. I am in contact with women's Aid, they say I have to give him keys even though he is an dangerous man.

If he pays the mortgage then it's his house really?

Flatzie_poo

ComfortKid wrote: »

If he pays the mortgage then it's his house really?

MumsInBiz wrote: »

I have a protection against my ex-husband

"What's yours is mine..."

ComfortKid

Flatzie_poo wrote:

"What's yours is mine..."

Yes, . It's his aswell aswell, so he is perfectly entitled to have a key

seamus

ComfortKid wrote: »

If he pays the mortgage then it's his house really?

Owning the property doesn't make it his home. He hasn't lived there for two years, so legally he does not have any right to enter the property without the resident's consent.

Changing the locks is a grey area, but in any case a compulsion to provide him with a set of keys is only something a judge can order.

Flatzie_poo

ComfortKid wrote: »

Yes, . It's his aswell aswell, so he is perfectly entitled to have a key

Assets are split.

The courts can split them anyway they like dependent on circumstances within the relationship.

The house may have been bestowed upon her, with himself getting other various items.

Or maybe she has access to the house until a child turns a certain age.

Just cause he pays, doesn't mean he can have access.

melissak

ComfortKid wrote: »

Yes, . It's his aswell aswell, so he is perfectly entitled to have a key

If you are renting can your landlord come and go at will?

ComfortKid

melissak wrote:

If you are renting can your landlord come and go at will?

This is a completely different scenario, but yeah, the landlord is entitled to have a key to his house, and I can't change the locks on his house without his permission.

ComfortKid

melissak wrote:

If you are renting can your landlord come and go at will?

And OP only mentioned that he had a key? Nothing about coming and going at will

melissak

ComfortKid wrote: »

And OP only mentioned that he had a key? Nothing about coming and going at will

Why else would one have a key?