There are two types of eligibility criteria relating to family cases for legal aid:
Financial eligibility – means and merits tested
You can check for financial eligibility at the Gov.uk website link below
Evidential eligibility – substantiated evidence of domestic abuse or child abuse (also means and merits tested)
You might be able to get legal aid if you have evidence that you or your children have been victims of domestic abuse or violence, including financial control and coercive control, AND you cannot afford to pay legal costs.
The Gov.uk website has lots of information to help you to get your evidence. Click on the link below to see a list of professional people who may be able to provide evidence of domestic abuse for your legal aid funding application. Letter templates are also available for you to download, personalise and send to professionals who may be able to respond with the proof and evidence of abuse that you are requiring.
Please visit this link: https://www.gov.uk/legal-aid/domestic-abuse-or-violence
An example of the types of ‘Family Cases’ that legal aid could be applied for:
- Applications made by the local authority for care orders, supervision orders, child assessment orders and emergency protection or orders.
- Applications for contact with a child in care, applications for discharge or variation of care or supervision orders, placement orders, recovery orders, adoption proceedings, wardship proceedings, orders relating to the unlawful removal of children (abduction)
- Orders and proceedings in relation to family homes and domestic abuse such as occupation orders, non-molestation orders and forced marriage protection orders.
- EU proceedings relating to children and maintenance.
- Cases such as divorce, disputes between separated parents in relation to children and dispute regarding family finances
The list of proceedings here is given as a guidance not meant to be a complete list.
To access your free legal advice appointment with our Flag DV legal advice clinic you do not need to meet any of the above criteria. However you must be over the age of 18 years and be seeking advice relating to the violent or abusive relationship you have experienced.