ChatterBank0 min ago
Court Order And Power Of Arrest
19 Answers
Hi, I have a court order in my favour which is to evict ex from a joint property by 12noon on July 1. If ex does not vacate the property, can I simply call the police to arrest him? The Power of Arrest Order reads
Sitting at xxx County Court,
considered an application for an injunction and ordered that a power of arrest applies to the following
paragraph(s) of an order made under this Act on the 10th June 2013
(1) The respondent xxx, date of birth unknown, shall leave by 12:00noon 1 July 2013.
(2) Having left xxx Road, Postcode, the respondent xxxx, date of birth unknown,
shall not return to, enter or attempt to enter the property.
Sitting at xxx County Court,
considered an application for an injunction and ordered that a power of arrest applies to the following
paragraph(s) of an order made under this Act on the 10th June 2013
(1) The respondent xxx, date of birth unknown, shall leave by 12:00noon 1 July 2013.
(2) Having left xxx Road, Postcode, the respondent xxxx, date of birth unknown,
shall not return to, enter or attempt to enter the property.
Answers
Best Answer
No best answer has yet been selected by johnalbert. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.An Injunction is a remedy in the form of a court order to do or not to do something, a person who fails to abide by the terms of the injunction may be guilty of contempt of court and your ex-husband would be very silly to simply ignore the injunction, power of arrest is usually only given where there has been violence or the threat of violence.
Your local police should be aware of the injunction with power of arrest, but it will do no harm to remind them to be present, evictions can be very emotional and you may wish not to be present.
Your local police should be aware of the injunction with power of arrest, but it will do no harm to remind them to be present, evictions can be very emotional and you may wish not to be present.
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Hmm, can an owner of jt property lawfully grant a lease to let the house he is being evicted from.
It is amazing what ex's do to each other
Actually I would go to the lodgers and say that you have an order for possession will they leave ?
Remeber they should be paying half the rent ot you....
I think it may well be back to court.....
Hmm, can an owner of jt property lawfully grant a lease to let the house he is being evicted from.
It is amazing what ex's do to each other
Actually I would go to the lodgers and say that you have an order for possession will they leave ?
Remeber they should be paying half the rent ot you....
I think it may well be back to court.....
If that is the exact wording of the Order and he has left the property, there is no right to have him arrested. The power of arrest will be strictly construed.
Unless there is a clause along the lines of ensuring that vacant possession is given or that he is prevented from causing, allowing or encouraging directly or indirectly others to remain in the property he HAS complied. If he is still there on 1 July, then you can ask the police to arrest him.
You will need a separate order for possession against the occupiers since unless they were parties to the Injunction or unless there is a clause similar to what I have above, that injunction does not apply to them.
Personally, I'd get moving with it if a completion date has been set.
Unless there is a clause along the lines of ensuring that vacant possession is given or that he is prevented from causing, allowing or encouraging directly or indirectly others to remain in the property he HAS complied. If he is still there on 1 July, then you can ask the police to arrest him.
You will need a separate order for possession against the occupiers since unless they were parties to the Injunction or unless there is a clause similar to what I have above, that injunction does not apply to them.
Personally, I'd get moving with it if a completion date has been set.
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