What is domestic violence?
Domestic violence has been defined by the government as “any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other”.
Is legal aid still available for the victims of domestic violence?
In spite of significant cuts legal aid may still be available to those victims of domestic violence and abuse who are seeking protection and/or looking to deal with divorce and any children and finance issues.
If a victim of domestic abuse needs to take urgent legal action to protect themselves and/or their children then legal aid can usually be obtained quickly and without the need for documentary evidence being obtained.
However, those victims of domestic abuse who are looking to deal with divorce and matters involving children and/or finances will need to obtain documentary evidence before legal aid can be put into place.
Domestic abuse charities in Wales have raised concern about the evidential burden that is placed upon the victims of domestic abuse. Research undertaken by the charities showed that at least 46% of domestic violence victims using their services would not be eligible for legal aid because of the “dangerously restrictive” evidence rules.
How do you evidence domestic violence in order to get legal aid?
By producing evidence of: –
• A Criminal conviction
• A police caution
• Police bail
• Ongoing criminal proceedings
• A protective injunction
• An undertaking
• A letter from a Multi Agency Risk Assessment Conference (MARAC)
• A finding of fact, by a Court
• A letter from social services
• A letter from a doctor (including a family doctor or ‘GP’), nurse, midwife, practitioner psychologist or health visitor
• A letter from a domestic violence refuge or refusal of entry to refuge
• A referral to a domestic violence specialist support service by a doctor, nurse, midwife, practitioner psychologist or health visitor
• A Domestic Violence Protection Notice or Domestic Violence Protection Order granted
• A bind over
If you have any questions about domestic violence or eligibility for legal aid then you should contact our friendly and experienced family team on 02920 470909.