Domestic Abuse... is Legal Aid still available?

In 2012 a number of changes were made to Legal Aid funding to try and reduce Government spending. This included significant cuts to that available for matters of Family Law.

You probably haven’t noticed this as most people don’t think about the possibility of needing financial support for a future legal battle.

Unless, that is, you are a victim of domestic abuse.

Over 2 million people in the UK suffer some form of domestic abuse. High-risk victims live with their abuser for an average of more than 2 ½ years before getting help[i], and may leave and return several times before making the final break.

What’s even more shocking is that over 100,000 people are considered to be at ‘high and imminent risk’ of being murdered or seriously injured as a result. The risk is greatest when the victim has left or is in the process of leaving[ii].

In fact, 7 women are killed every month by a former or current partner in England and Wales[iii]

There are several legal options available to someone suffering from domestic abuse wanting to increase their safety and start to build a better life. Injunctions (known as non-molestation or occupation orders) prevent someone from using threatening or violent behaviour towards a person and/or their children, for example.

However, the changes made in 2012 under LASPO (Legal Aid, Sentencing and Punishment of Offenders Act) mean that to access funding for family law cases, evidence of domestic abuse must be provided. It is also possible that means testing will take place.

It may seem like obtaining the required evidence would be impossible, but there are resources available to help. You can download sample letters from here that may be completed by a GP, police officer or refuge manager as well as other relevant professionals.

The important thing to know is that legal help and funding to support these applications is available. By understanding what is needed to qualify you are in a better position to help yourself, or someone you care about, prepare for a safer future.

If you would like to discuss this further, in the strictest confidence, we have specially trained Family solicitors available to help. Call us now on 01457 859123.

[i] SafeLives (2015), Insights Idva National Dataset 2013-14. Bristol: SafeLives.

[ii] SafeLives (2015), Getting it right first time: policy report. Bristol: SafeLives

[iii] ONS (2015), Crime Survey England and Wales 2013-14. London: Office for National Statistics