Housing
Housing can be in issue for anyone experiencing domestic abuse. Especially if you have to leave your home in a hurry.
Here you will find information from emergency accommodation to your rights as a tenant or home owner.
Is it possible for me to keep the house and to make the abuser leave - even though it's in joint names?
Yes, you can apply to the court for an exclusion order - this may be granted if the court believes that you are at risk. A variety of different things can show this, it does not have to be police reports, although they do help in your favour. The court can also attach a power of arrest to this order, so if your partner or ex- partner tries to come into your home then the police can automatically arrest them. This applies to both civil partnered or married and un-civil partnered or un-married couples living together.
Is it possible for me to remain living in the house and to make the abuser leave - even though it's not in my name?
Yes, although this is a more complicated process. If you are civil partnered or married to a person you have an automatic right to live in your home, even if it is in your partner’s name. If it is privately owned or leased you can apply to transfer either the title for the house or the tenancy agreement into your name. The court will closely examine the need of both parties. They will look to see if either of you have alternative accommodation, they will examine the need of children (if there are any). If you are not civil partnered or married you do have many of these rights - speak to a solicitor for more information.
What if I need to leave in a hurry? Staying in a refuge
If you need to find a safe place to stay in a hurry, there are different options depending on whether you are a man or a woman.
Men
As a man seeking emergency accommodation, it is most likely that you will arrange to stay with a friend or relative until you can make alternative arrangements. If staying with a friend or family member is not an option then you can present as homeless to your local council where they will make an assessment of your situation and take action accordingly. To be completed.
Women
As a woman, access to emergency accommodation is more available to you than a gay, bisexual or trans man for example as there are a number of Women’s Aid refuges around the country visit www.scottishwomensaid.org.uk for information on where to find your closest refuge or click on the section for your area on the left.