Sarah Rowe
- 14 Oct 2025
- Family Emergency
When are victims / survivors of Domestic Abuse entitled to Legal Aid?
If you are a victim / survivor of domestic abuse and you need legal advice, you can apply for Legal Aid to help you with the following cases:
Non Molestation Orders, Occupations Orders, Care Proceedings, Child In Need / Child Protection Meetings, Divorce, Child Arrangements, Forced Marriage and Female Genital Mutilation.
There are many forms of domestic abuse - it is not just about physical violence. To qualify for Legal Aid, you must be able to give your solicitor the evidence to show that you, or in some circumstances someone else, for example a child, has been a victim of domestic abuse perpetrated by the Respondent (your ex-partner).
The types of Gateway Evidence required are as follows:
- Criminal conviction for a domestic violence offence
- Police caution for a domestic violence offence
- Arrest for a domestic violence offence
- Ongoing criminal proceedings
- Protective injunction
- Undertaking in place of a protective injunction
- A Domestic Violence Protection Notice or Domestic Violence Protection Order (DVPN or DVPO)
- A bind over in connection with a domestic violence offence
- Letter from a Multi Agency Risk Assessment Conference (MARAC) or other local safeguarding forum
- Finding of fact made in court proceedings
- Expert report produced as evidence for a court/tribunal
- Letter from a public authority
- Letter or report from a health professional
- Letter from an independent domestic violence or sexual violence advisor/advocate
- Letter from a local authority or housing association
- Letter from an organisation providing domestic violence support services
- Letter from an organisation providing domestic violence support services confirming refusal of admission to a refuge
- Referral to a domestic violence specialist support service by a health professional
- Leave to Remain in the UK under paragraph 289B of the Immigration Rules.
However, in cases of Non Molestation and Occupation Order Proceedings, Forced Marriage, Female Genital Mutilation and Care Proceedings, these are deemed as emergency cases where a client needs urgent legal assistance and as such, Gateway Evidence is not required.
You also need to show you are financially eligible for Legal Aid. If you are in receipt of a passport benefit such as the following:
- Universal Credit
- Income Support
- Income-based Job Seekers’ Allowance
- Income-based Employment Support Allowance
- Guarantee Pension Credit
and you can provide evidence that you are a victim of domestic abuse, you will be eligible for Legal Aid.
If you are working, you will need to provide your last 3 months’ bank statements and wage slips so we can do a financial assessment. If your disposable income falls below £733.00pcm then you will be eligible for Legal Aid. Please note that the Legal Aid Agency assess any savings you may have.
In some circumstances, a victim / survivor of domestic abuse has to flee their home in an emergency situation. We are therefore sympathetic that it is not always possible to gather all of your financial documents. In this situation, we can advise you and help you obtain the information you need.
Is Legal Aid available for other types of cases?
Legal Aid is also available in the following cases without the presence of domestic abuse.
- Care Proceedings
- Problems with Social Services, including representing you at Child In Need meetings and Child Protection Conferences
- International Child Abduction
- Non Molestation and Occupation Order Proceedings
- Forced Marriage
- Honour Based Violence
- Female Genital Mutilation
We strongly advise that if you are suffering from domestic abuse, speak to one of our team at your earliest opportunity. We offer a free consultation with a lawyer trained in the field of domestic abuse.
Photo by Vitaly Gariev on Unsplash