barring order.

sniperman

hi all,mate of mine is going for a barring order against his partner for a number of assaults and breaches of safety orders,if it is granted,(he hopes it will)how long does he give her to remove her belongings?he was thinking maybe 6 weeks?she has already been ordered by a court not to come near the house or have any contact until her next court date in october,he wants her gone permanent,its a council house,they are joint tenants,not married,he suffered over 30 years from abuse,any info welcome

Sierra Oscar

If the application for the barring order is successful it will come into effect immediately, unless there was consent between both parties to put a stay on it being granted. However that would be very unusual.

Your friend should talk to someone in the Family Law Court Office for advice. They are extremely helpful and approachable when it comes to practical related questions such as this.

GerardKeating

sniperman wrote: »

how long does he give her to remove her belongings?he was thinking maybe 6 weeks?

Can they not just box up the belongings and have them collected?

sniperman

GerardKeating wrote: »

Can they not just box up the belongings and have them collected?

they could,but he wants to give them a bit of time to get sorted

Peregrinus

A barring order doesn't require her to remove her stuff from the house; just herself. It doesn't affect her legal interest in the property - she will still be co-tenant, in this case. So if she wants to keep her stuff there, she can.

She probably won't want to, though, particularly if she accepts that the breach is likely to be permanent. But it isn't a question of him giving her a fixed time within which she must remove her belongings; more of him facilitating her in arranging the removal of belongings that she wants to remove. Anything she doesn't want to remove he can box up and store safely.

Yyhhuuu

Sad that he suffered for 30 years...

bassy

begs believe how it took him 30 yrs cause in the last 10-20 yrs this has been widely available more so than the old days etc.

sniperman

Yyhhuuu wrote: »

Sad that he suffered for 30 years...

yes it was,but he always gave second chances etc,hoping things would improve,but just go worse

sniperman

bassy wrote: »

begs believe how it took him 30 yrs cause in the last 10-20 yrs this has been widely available more so than the old days etc.

he always thought things would improve,maybe with age,but just got worse,to the point of being attacked with a knife,hit in the face with a poker,and assaulted etc

sniperman

Peregrinus wrote: »

A barring order doesn't require her to remove her stuff from the house; just herself. It doesn't affect her legal interest in the property - she will still be co-tenant, in this case. So if she wants to keep her stuff there, she can.

She probably won't want to, though, particularly if she accepts that the breach is likely to be permanent. But it isn't a question of him giving her a fixed time within which she must remove her belongings; more of him facilitating her in arranging the removal of belongings that she wants to remove. Anything she doesn't want to remove he can box up and store safely.

ya i understand what your saying,but he does not want anything there belonging to her,council say if he gets the order she will be removed form the rental agreement etc ,as he will be the only one paying rent going forward,id say she will remove the stuff anyway,as she wont be let back,he just thought that maybe a 6 week time frame would be sufficient