Legal Aid for Domestic Abuse

Legal aid may be available if you have evidence that you or your children have experienced domestic abuse and you cannot afford to pay legal costs. GOV.UK explains that domestic abuse for legal aid can include controlling behaviour, emotional abuse, financial control, harassment, threats or harm to you or your child. 

A solicitor can assess your circumstances and explain which legal aid route may apply. This is important because the rules are different depending on whether you need an emergency protective order, advice about children, advice about separation or representation in related family proceedings.

NLS legal aid solicitors can help with:

• checking whether your case is within legal aid scope
• explaining what evidence may be accepted
• assessing whether financial rules or waivers apply
• applying for legal aid where appropriate
• advising on urgent protective orders
• explaining related child arrangements or family proceedings

You do not need to understand the legal aid rules before contacting a solicitor. If you are unsure whether you qualify, NLS can ask the relevant questions and explain the next practical step.

Gateway evidence is evidence that shows you or your child has experienced domestic abuse. In many private family law cases, this evidence is needed before legal aid can be granted.

GOV.UK states that you will usually need to provide evidence to show that you or your children have experienced domestic abuse. You do not have to get evidence before speaking to a legal adviser, but the adviser will need to see it before deciding whether you can get legal aid. 

Gateway evidence may come from:

• the court
• the police
• a multi-agency risk assessment conference, known as a MARAC
• children’s services or adult social care where relevant
• a health professional, such as a GP, nurse, midwife, psychologist or health visitor
• a refuge manager
• a domestic abuse support service
• your bank, where there is evidence of financial control
• your employer
• an education or training provider
• a benefits provider

You should not try to collect evidence if doing so could increase risk to you or someone else. A solicitor can explain what may be accepted and whether there is a safer way to approach the evidence requirement.

A police report can be used as evidence in some cases, but it is not always the only option. Many people experiencing domestic abuse have not reported the abuse to the police and may still have other evidence that can be considered.

The range of possible evidence sources includes courts, police, MARAC, health professionals, refuge managers, domestic abuse support services, banks, employers, education providers and benefits providers. This means a solicitor can look at what evidence already exists before advising what may be needed.

If you are worried about asking for evidence, explain this when you contact NLS. Where safe to do so, you can tell the solicitor what documents, messages, letters or professional involvement already exist and they can explain whether any of it may help with the legal aid assessment.

What legal aid can cover in domestic abuse cases

Legal aid may cover legal advice, preparation and representation for certain domestic abuse and related family law matters. The exact work covered depends on the type of case and the funding granted by the Legal Aid Agency.

For protective order applications, legal aid may help with preparing the application, drafting a statement, submitting papers to the court and representation at hearings. The court will consider the evidence before deciding whether any order should be made.

Legal aid may be available for:

• non-molestation order applications
• occupation order applications
• related child arrangements issues where domestic abuse is relevant
• advice where children’s services are involved
• separation or family proceedings where domestic abuse evidence brings the case within scope
• urgent protective applications where emergency funding may be appropriate

A protective order does not guarantee safety. If there is immediate danger, call the police first and seek legal advice once it is safe to do so.

Domestic abuse may also affect child arrangements, separation and other family proceedings. If children are involved, the court’s focus will be the child’s welfare and whether arrangements are safe.

Legal aid may be available where you have evidence that you or your children have experienced domestic abuse and you cannot afford legal costs. 

NLS domestic abuse solicitors can advise where domestic abuse affects:

• protective order applications
• child arrangements
• communication between parents
• handovers
• children’s services involvement
• separation or divorce proceedings
• financial control or economic abuse

Where children’s services are involved, it is important to understand what stage the process is at and what information is being requested. A solicitor can help you respond clearly and explain how domestic abuse concerns should be presented.

Confidentiality and safety

NLS handles domestic abuse enquiries confidentially. If it is safe to do so, tell us how and when you prefer to be contacted, especially if another person checks your phone, email or post.

If there is immediate danger, call 999. Legal advice can help with protective steps once you are safe, but it should not replace urgent emergency help where there is an immediate risk.

When contacting NLS, you may wish to consider:

• whether it is safe to receive a call back
• whether another person has access to your phone
• whether email or text is safe
• whether you need a specific time for contact
• whether you are worried about the other person seeing paperwork

You do not need to explain everything in detail during the first contact if it does not feel safe. The immediate aim is to understand what help you need and whether urgent legal steps may be available.