Sonya* (not her real name) was in an abusive relationship. Although her ex-partner was no longer living at their family home, she had no legal right to the property as she was not named on the mortgage or the title deeds.
When the team met Sonya she was living in fear from her ex’s frequent threats to remove her and the children from the property, worried he would carry out his threat and leave them homeless she instructed us to help.
Sonya applied for an ex-parte Non-Molestation Order along with an Occupation Order. The Non-Molestation Order was granted at the return hearing and accepted by her ex however he contested the Occupation Order.
Following the hearing the court put directions in place for statements and schedule of allegations to be filed and the matter listed for a final hearing before Magistrates.
Sonya’s ex heavily contested her right to remain at the property, several statements were submitted along the way however the final hearing was needed to conclude the matter.
At the final hearing the Magistrates ordered an Occupation Order in favour of Sonya meaning she and the children are able to live in the property for 6 months without her ex being able to take any action to remove them.
We are happy to report that Sonya and her children are living peacefully in the property without fear from eviction.