occupation orders and protection orders

[freemanbatch]

Can anyone help me with some information about these.

I split with my husband last year due to domestic violence, he moved out of the home and 'let' me keep 'his' car for use with the children, I paid last years insurance on the understanding that he would sign the car over to me before the next renewal was due or he'd buy another car the same for me and the kids. Please don't tell me I was stupid to believe him, I know that. I was stupid to believe he was getting help with the DV side of things and I was stupid to believe that his parents supervising his access to the kids would keep them safe. I worked out my stupidity two months ago and reported him to the police. The case is currently with the cps awaiting their decision.

On the recommendation of Children's services following a referral from school he isn't seeing the kids and hasn't for two months. I got a letter last week from his solicitor telling me I was unreasonable for stopping the kids seeing their dad, demanding information about my pregnancy and claiming he paid for everything so I had to pay for the car insurance or he would be taking the car, obviously he could take the car anyway because its in his name.

I don't want to hand over money to him, I don't have a lot as I'm not working and he could just come and take the car anyway even after he's had the money so I think I just need to give it back to him.

This is long sorry!

The problem is that I have no family within 100 miles and no friends either and without a car I am stuck unable to escape if he turns up. I live in the marital home so he has as much right to live here as me and I'm more than slightly terrified about what is going to happen.

is there anything I can do to protect myself legally and if so how do I go about it? Like I said I'm on my own so there isn't really anyone I can talk to about things and I know I should have seen a solicitor about it all when I got the letter but its school holidays and I have absolutely no one to look after the kids.

sorry if you bothered reading this far.

You may not qualify for legal aid to get an injunction unless there has been a recent incident. You may not need the injunction anyway. Wait and see what the police do. If they decide not to prosecute go and see a solicitor about an injunction. I'm getting one for a client who came in today having been told at the weekend that the police won't prosecute. She fears his reaction to this news.

I suggest you insure the car in your name, paying monthly. That way if he takes the car back you won't lose much. Keep the car looked with a crook lock.

Thanks for that :-)

Can I just ring an insurance company and insure the car even though I don't own it?

Absolutely. Remember though that the registered keeper isn't necessarily the owner.

Thanks again

I've rung his solicitor to find out if she knows what he's doing about the insurance given my reply to their letter and I'm waiting for her to get back to me but if I have no definite answer by tonight I'll sort out some cover for me and see what happens from there.

I didn't know that I could insure myself on 'his' car so thank you for that. I say 'his' like that because I am currently paying the car loan on it!

Is it only you on the insurance?

he's on it as well at the minute, insured with him as the main driver even though he hasn't driven it all year.

Well you are possibly not covered if he is no longer living with you - I got a shock when that happened to me, you really need to ring your current insurers now to tell them about the changes & see what they advise.

I think I'm right in saying if you bought the car with a loan in your name only it's legally yours.... But how you change registered keepers is another story. Maybe DVLA can help.

The loan is attached to the mortgage so its in both our names even though I'm the one paying it.

I thought that RedHelenB once I started looking into it. Insurance runs out tomorrow so I think I might just leave the car where it is and ignore it and get a solicitor on to things as soon as school is back.