Barring Order Questions

Trapapony

Hi all,
Recently a friend of mine received a three-year barring order from the family home - a blatant miscarriage of justice but we won't go into that. He and his wife jointly own the house and their grown-up children live elsewhere. I have a few questions on this.

1.My friend will honour the verdict but is concerned that when the three years are up, his wife will simply apply for a new barring order on the same grounds as before. Is his concern justified?

2.If, during the three years, his wife takes in a lodger (or registers with Airbnb), can she trouser all the rent or is her husband, as joint-owner, entitled to half?

Thanks for any info.
Trap

Steviesol

Trapapony wrote: »

Hi all,
Recently a friend of mine received a three-year barring order from the family home - a blatant miscarriage of justice but we won't go into that. He and his wife jointly own the house and their grown-up children live elsewhere. I have a few questions on this.

1.My friend will honour the verdict but is concerned that when the three years are up, his wife will simply apply for a new barring order on the same grounds as before. Is his concern justified?

2.If, during the three years, his wife takes in a lodger (or registers with Airbnb), can she trouser all the rent or is her husband, as joint-owner, entitled to half?

Thanks for any info.
Trap

1) New Evidence is usually needed.
2) Totally Seperate issue.

boardsuser1

Trapapony wrote: »

Hi all,
Recently a friend of mine received a three-year barring order from the family home - a blatant miscarriage of justice but we won't go into that. He and his wife jointly own the house and their grown-up children live elsewhere. I have a few questions on this.

1.My friend will honour the verdict but is concerned that when the three years are up, his wife will simply apply for a new barring order on the same grounds as before. Is his concern justified?

2.If, during the three years, his wife takes in a lodger (or registers with Airbnb), can she trouser all the rent or is her husband, as joint-owner, entitled to half?

Thanks for any info.
Trap

If he is willing to honour the order then that may be seen as an admission of guilt?

In 2008 i was the subject of such an order.

Due to the confusion regarding court dates etc i wasn't in attendance when it was granted.

As i didn't show i was automatically adjudged to be guilty in my absence.

First thing i did was lodge an appeal.

Once the appeal was heard the barring order was quashed and just got on with life as normal.

If after hearing the evidence of both parties, a court grants an order, it must be fairly serious to grant one.

After the 3 years is up, the applicant must apply to court for a renewal before the expiry date, a judge may grant a further 3 years or he might refuse a renewal.

Was a protection order issued in the interim pending the case prior to the barring order being granted?

Trapapony

>> If he is willing to honour the order then that may be seen as an admission of guilt?
Or that he doesn't want to throw good money after bad. An appeal will cost a minimum of 2 grand. He must pay for all his legal costs while his wife is on free legal aid.

>> After the 3 years is up, the applicant must apply to court for a renewal before the expiry date, a judge may grant a further 3 years or he might refuse a renewal.
Surely after three years he will have "served his sentence" and, as Steviesol says, new evidence would be required. Otherwise it's just "divorce by barring order".

>> Was a protection order issued in the interim pending the case prior to the barring order being granted?
Yes, a protection order was in place until the court hearing.

Trap