Victims of domestic abuse are eligible for Legal Aid, however this is means tested.
There are certain situations that legal aid will not fund.
As an example, where the abuse has only been through social media and there has not been any historic abuse.
We will check if you are eligible for Legal Aid, you can also use their calculator to see if you are eligible.
If you are eligible you will have to provide evidence of your financial position. The Legal Aid Agency will need to see:
Your last 3 months bank statements for all accounts you hold, even if you do not use them. If you have control of your children’s bank accounts, they will also need those.
Evidence of benefits.
Copy of you tenancy agreement or mortgage statement.
Your National Insurance Number.
You may be granted full legal aid or they may ask you for a contribution. If you have to pay a contribution we will tell you. The contribution will be paid directly to the legal aid agency who will invoice you after the first court hearing.
Please note that contributions are payable for each month that the case goes on. In reality most cases for an application for a Non Molestation order are dealt with within a month.
For child matters, the case could go on for longer.
Many victims are reluctant to send all documents or they take too long. If you have not supplied documents within a specified time:
A solicitor may refuse to act further for you.
You may lose the window of opportunity to apply for a NMO as these are time sensitive.
We will advise you on all the above.