Court Order And Power Of Arrest

[johnalbert]

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.

[jackthehat]

'Phone your local Police Station and have a conversation with them.
They may be willing to attend with you, rather than waiting to be called, in order to prevent a likely breach of the peace.

It can't hurt. Good luck. :o)

[tonywiltshire]

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.

[johnalbert]

Ex has left but has installed logders in the property. #how easy is it to evict them?

[ELVIS68]

Lodgers or squatters?

[johnalbert]

Lodgers

[johnalbert]

Property is in joing name on the market for sale with a completion date set. He is just playing a hard ball but the lodgers didnotsay he had moved out but said he had gone out. Can I apply for him tobe arrested?

[jackthehat]

He's got until July 1st to comply with the order.

You'll certainly have to wait until then before you can do anything.

Have you established exactly what you need to do to ensure that the Lodgers are fairly treated?

[Peter Pedant]

.

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.....

[johnalbert]

WhenI approached the lodgers, they were very abusive and had to call the Police. Police said they had limited powers but as the lodgers have confirmed that he lives with them, I should apply to get him arrested. As far as they are concerned, he lives there

[jackthehat]

The Police advised you to apply to get him arrested?

Why?

He's not in breach of anything until July 1st..........

[Peter Pedant]

.

D Day is then 12 01 Monday - you have to wait until then

[johnalbert]

Sorry meant, the Police advised that if he does not had over the keys on the D day, I can apply to get him arrested

[jackthehat]

You appear to have answered your own initial question, in that case.

However, tipping the Lodgers out may not be as straightforwards as you may think.

Have you sought any legal clarification on that particular issue?

[Barmaid]

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.

[johnalbert]

Just had a letter from the Court that ex has filed an application that he is objecting to the final Order 9 months later. All fabricated lies

[Peter Pedant]

hmm twelve hours to go
you are going to tell us what happened arent you ?