My ex husband rape me 5yrs ago. He was sentenced for 7yrs,and served 5yrs. He has been out of prison for 6months. On his release my partner and son who is my ex's was told that we had to move somewhere else or I would lose my son, social services would go to court and get what they need to do to get my son. So we moved from my home town. The reason for this was that my ex was being put in a hostel in Leicester which was 20miles from where I live. I am now living in temp accommodation until the homeless can find us a place to live. My ex now wants to see his son. Surely this can not be done as we have been made to leave my home town for our protection. At the moment I feel like the criminal not the victim. Where is the justice in this - I lose my family through this as I am not allowed to let my family know where I am. What are our rights?
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Hello Susan, while I am not a solicitor and my advice cannot be taken for proper legal advice i think i could help point you in the right direction.
You say that your family are not allowed to see you as your location must be kept confidential, well this must mean that you must at all cost avoid letting anyone know where you live as this man is dangerous. If the courts have ruled that this man is dangerous and must not see you and social services have moved you out of your own town, i doubt very much that anyone is going to grant him the right to see you or the children.
I wonder are you still in contact with a domestic violence unit? or anyone that helped you when you pressed charges against your husband? They will be bale to advise you, also if you are on benefits you are also entitled to free legal aid, and social services should be helping you too, it is no good that they are not around now when you need them the most, demand that you are helped as this is your right, you cant juts be picked up and dumped somewhere and left to get on with it.
Also as I?m not sure what your situation is exactly, and I don?t know where you are with the courts etc, I?m not sure if this is needed as I?m sure you are being protected from him strongly, but you could take out an injunction against him, if anything juts to make you feel a bit better, as I said I?m not a solicitor but i do know one things courts are not in the habit of letting violent men no matter if they are the father, near their children or anyone else?s children again, if he has been told to stay away from you and the child, no court in the land will allow that order to be broken, also nobody wants to separate their mother form their child, that would do no one any good.
http://www.intel-sec.demon.co.uk/index.htm...ate/pha/s05.htm
This is a link that gives advice on how to obtain a restraining order in England, Scotland and Wales.
Also if you were put in touch with victim support, can you get in contact with them as they may be able to advise you also.
Victim Support 01703 234883, Monday to Friday, 9am-12pm and 2-4.30pm, answering service at all other times
As I said before though you should be entitled to free legal aid, pick up the phone to your nearest solicitor and ask them, sometimes solicitors give one off advice sessions for free.
Look in your local yellow pages.
Hope this helps and also one more thing,
I?m sorry about what happened to you, but i want you to know to hang on in there, your a survivor not a victim,
Keep your head up, and I want you to know that I wish you all the luck in the world with healing, make sure you get proper support."In three words I can sum up everything I've learned about life: It goes on."
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Hi Susan,
Having noticed the wonderful reply by Snoopy, it granted me more time to muse over your post, but I remain unable to unpick the strands in this painful situation. Like Snoopy, I do recommend seeking Legal Advice, perhaps more than one informal opinion, and the Yellow Pages will include Solicitors with out-of-hours contacts. The CAB or Law Centres regularly refer work to local Firms and have a good idea of the kind of expertise and service you are likely to get from them.
A Women's Refuge or Temp Accomodation Centre will offer advice on where to seek related help.
A Foster Carer considered it very unlikely that the Social Service would remove a son from mother. On your own behalf, perhaps ask to confide in a Social Worker in your own locality, under the Protection of Children's Act (do consult Legal Advice). However, unless you can demonstrate past physical or emotional abuse to your son, then the SS/Courts may see no reason against a SS onsite access agreement, and the SS could collect a child.
You are probably able to force access to your son through a long-drawn legal process.
Legal Advice will shed sunlight and dispel some of these clouds once unpicked. A question to ask yourself is did they grasp this fully?
Deepest Sympathy,
Mark
Edit from webmaster: Mark posted a follow-up message clarifying what he meant as it may have been mis-understood. I have incorporated these two posts together but not changed what was being said.
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