Family Law

 

Section 1: Non-molestation orders


Legal aid is available for non-molestation orders with a financial means test which is different to other types of legal aid. Legal aid is available when the applicant has an income which is higher than the usual legal aid limits. However, you may have to pay a contribution which can be very high, and unaffordable in some cases, or even amount to more than paying a solicitor privately. If you have a new partner you live with, their finances will also be assessed as part of yours. The finances of an ex-partner where the dispute is with him will not be assessed as your finances.

A non-molestation order is a type of injunction and legal aid is also available for other types of injunctions: occupation orders and prohibited steps orders, and protection from harassment orders in County Court.

Legal aid is only available for the person who is applying for the order, not for the Respondent, so if someone is applying for a non-molestation order against the you, you will not be able to get legal aid.

 

Section 2. Cases involving children

There are two types of family law about children – private law and public law.

Private law family law cases are disputes between parents. Public law family law cases are disputes between parents and social services, i.e. Children’s Services seeking to have a child taken into care. Most family law solicitors do private law and only some also do public law cases. It is important for a public law case to make sure that a solicitor has experience in public law.

Legal aid financial eligibility is different for private law and public law.

 

Survivors eligible for legal aid


You have to meet both of these two criteria:

a. Have a type of case for which legal aid is available (‘in scope’ for legal aid)

b. Come within the financial means test

 
 

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