If you are experiencing domestic abuse and need help with a family law problem, worrying about how to prove what has happened can feel like another barrier. You may also be concerned about how you will pay for legal advice, particularly at an already difficult and uncertain time. The short answer is that you will usually need some form of evidence before legal aid can be granted for certain private family law cases, but you do not need to have it ready before speaking to a solicitor.
What is legal aid?
Legal aid is government funding that can help with the cost of legal advice, mediation or representation in court. Whether it is available depends on the type of case and, in many cases, an assessment of your finances and the merits of your case.
When will I need evidence of domestic abuse?
Evidence is commonly required where you are seeking legal aid for a private family dispute, for example, a case about child arrangements, divorce or finances. The evidence must meet the Legal Aid Agency’s rules.
If you need urgent protection through a non-molestation order or occupation order, speak to a solicitor straight away. A solicitor can advise what information is required for the application and assess legal aid separately. Do not delay seeking advice because you do not yet have a police report or other document. For these applications, you do not need to provide the Legal Aid Agency with the prescribed evidence of domestic abuse that is usually required for other private family law matters. However, your solicitor will still need details of what has happened so they can advise you, prepare the application and assess whether you qualify for legal aid, including any financial eligibility requirements.
What evidence may be accepted?
Depending on your circumstances, evidence may come from:
- The police or criminal courts, such as evidence of an arrest, charge, caution or conviction for a relevant offence
- A court order, such as a non-molestation order or undertaking connected with domestic abuse
- A health professional, including a doctor, nurse, midwife, psychologist or health visitor
- Social services or a multi-agency risk assessment conference (MARAC)
- A letter of support from a specialist domestic abuse support service.
Domestic abuse is not limited to physical violence. It can include controlling or coercive behaviour, emotional abuse, threats, harassment and economic abuse. The right evidence will depend on what has happened in your case, so do not assume that you are ineligible because you have not reported the abuse to the police.
What if there is a risk of harm to a child?
Legal aid may also be available in some private family law cases where there is evidence that a child has experienced abuse or is at risk of harm. Relevant evidence may include a child protection plan, a local authority assessment or safeguarding document, relevant court findings or orders, criminal proceedings or convictions, or a letter or report from an appropriate professional.
The rules are specific, and evidence that shows a general concern may not always be enough on its own. A solicitor can check whether the documents meet the Legal Aid Agency’s requirements and whether the proceedings are within scope.
Do I need to collect the evidence myself?
No. You can contact a solicitor first. They can listen to your circumstances, identify which evidence may satisfy the rules and explain how to request it.
Is evidence enough on its own?
Not always. Legal aid is often subject to a financial assessment, looking at matters such as income, savings, property and household circumstances. A merits test may also apply. Different rules can apply to particular proceedings, so eligibility should be checked on the facts rather than guessed.
What should I do next?
- Speak to a family law solicitor as early as possible.
- Take any documents you already have, but do not worry if the file is incomplete.
- Be open about your finances so the legal aid assessment can be accurate.
- If you or a child is in immediate danger, call 999.
How Ison Harrison can help
Ison Harrison’s specialist Family Legal Aid team can help you understand your options, check whether your evidence meets the requirements and guide you through the application process with care and confidentiality. Call 0113 284 5000 or email family@isonharrison.co.uk to arrange an initial conversation.
