QLD Ex Took Car - Breach of DVO?

[glenoverthis]

Hi,

I need help on a DVO that was placed on me in early February.

My ex has entered my home last night whilst I was at work and taken my spare keys for my car [ŵhich we both took a loan out for before the split, but I now pay off] and she proceeded to my work and stole it.

I arrived home to find a note with a spare house key she had hidden from me. On the note, it read "G, I have taken car as I have no means of transport, signed .....".

On the DVO, it asked if she had any property she needed from house , which she answered no. Now:

1. How can she just be allowed to come into my home and take stuff and then go to my workplace and take the car?

2. I'm sure there has to be a breach on her behalf, if not a criminal charge of theft or something? I'm doing my part of the order and getting my stuff together. But every time I think I'm moving on and doing the courses to see my son, the bloody thing kicks me in the guts. What can I do?

Thanks

 

[Iamthelaw]

Do you have an order against your ex?

Re: Taking the vehicle - Is the vehicle in your name? If Yes, could be theft.

Re: Breach - Even if no no order is in place against her, there have been certain instances (at least in Vic) whereby an applicant who seeks an order who then makes contact with the person subject to the order have been held in contempt. Alternatively, if you have an order against her, then obviously she would be in breach.

 

[glenoverthis]

Do you have an order against your ex?

Re: Taking the vehicle - Is the vehicle in your name? If Yes, could be theft.

Re: Breach - Even if no no order is in place against her, there have been certain instances (at least in Vic) whereby an applicant who seeks an order who then makes contact with the person subject to the order have been held in contempt. Alternatively, if you have an order against her, then obviously she would be in breach.

Re Thanks for answering my questions, Yes the car is in my name. And I'm paying for it. I don't have an order against her. I'm off to the police station now to see if I get someone a bit more helpful then I did last night.

Again thanks

 

[glenoverthis]

Update; Nothing police can do, except place order against her. I can take car back but I would be in breach if she was in 100 meters of car. If I give keys to someone else and they take it then they will be charged with theft. So lose-lose, for me. Time to get order sorted for her, I think.

 

[Rod]

If I give keys to someone else and they take it then they will be charged with theft.

If the car is in your name, and you bought the car and you give permission to someone to drive the car, it is not theft. Police say these things because they don't want to follow up the next complaint from your ex.

But do what is fair. If you have two vehicles and she has none it is not fair. Also recommend getting a property split organised.

 

[sammy01]

I am guessing there is a stipulation on the AVO that forbids you from making contact with her? If not, then contact her and inform her that you're gonna cancel the car rego and ask her to return the car.

In NSW, you can cancel the registration of the car. Once you do that it won't be long before she is spotted by number plate detection on police cars. She will be pulled over for driving an unregistered vehicle.

Look you really wanna get some legal advice, at present you could find yourself in all sorts if she was to run a few red light cameras for example...

You would have been better off to tell the cops the car was stolen and not mention the ex.

 

[Rod]

I reckon self-help (with friend) is better. Police are unlikely to do anything when he owns the car. And the reasons mentioned by Sammy are excellent reasons for reclaiming the car.

Police can be charged with theft if they try to take vehicle off the owner without a valid reason. Giving the car back to an ex is not valid reason.

 

[MartyK]

My ex has entered my home last night whilst I was at work and taken my spare keys for my car [ŵhich we both took a loan out for before the split, but I now pay off] and she proceeded to my work and stole it.

Now, I'm not sure how long you and your ex have been separated for exactly, or, if both of your names are on the lease/mortgage etc, but you do say here that both you and your ex took out a joint loan for the purchase of the car.

So, while the car may be registered in your name, and you may well have been paying the loan yourself since the time of separation (keep proof of this), the joint loan would still make the vehicle a joint asset.

With an AVO against you, I personally think, prior to doing anything rash, that you should seek some legal advice.

 

[Iamthelaw]

Re Theft: The vehicle is in your name and you're paying for it. There could be some argument that she has a legal or equitable proprietary interest in the vehicle (don't have enough information) although that doesn't really matter - The vehicle still belongs to another and is capable of appropriation.

The police would likely not want to get involved in what they view as a civil matter. Apply for an order (to among other things, prohibit her burglarizing your home again) and seek the return of your vehicle.

 

[Rod]

A joint loan is just a liability. Ownership of the asset will depend on the purchase contract.