Legal Aid..is it a waste of time looking for it?

I have moved out of the family home due to emotional and physical abuse and police involvement but need to get back in the home as I''ve been asked to leave and have nowhere else to go.

I have my name on the mortgage with my stbx-he is refusing to leave the home and says we can ''all live together while we sort things out and sell it'' but it wouldn''t be possible for mine and my child''s well being and social services wouldn''t let me put my child at risk-quite rightly.

I am considering an occupation order, as a last resort but I don''t work so will I only be granted the order if I can afford to pay for the property myself or get benefits to help me do so? I don''t want to go through applying for an order and antagonising him if I am unlikely to be granted it.

Also, is it even worth trying for legal aid? I am not sure if I am eligible, due to being on the mortgage. How much would it be through a high street solicitor?I have an initial appointment with a solicitor for £90 per half hour but am worried this will be pointless if I don''t have the money to go through an entire divorce with them and half an hour is nothing.

What would applying for an order cost through a high street solicitor or should I ''do it myself'' if I pay to speak to a solicitor and they advise me I have a case?

Hello Emma,
I''m very sorry to read of your situation. If there is a problem with your safety and that of your child, it seems unwise to return to the home. Have you thought of Women''s Aid if you must leave where you are now? They will be able to advise you in an emergency and have lawyers who can help. Check their website.

Why not call our free helpline number if it''s safe to do so. The number is at the top of the home page. You would get instant advice instead of waiting for members to answer your post.

Do keep your internet activity safe.

Thinking of you and hoping you are soon in a safer place.

Mitchum