Legal Aid in Domestic Violence Cases

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Legal aid for family matters

You may be able to get legal aid to help with some family matters, however you will need to provide a solicitor with evidence that you are entitled to legal aid. The following guidance explains the steps you will need to take to get that evidence:

• If you are a victim of domestic violence and are divorcing or separating from an abusive partner
  You can get legal aid to help with the divorce or things such as child contact or how to share money or property, but you will need to give your solicitor some evidence that you have been a victim of domestic violence by your partner.
• When a child is at risk of abuse from a partner
  You can get legal aid to help with issues such as child contact or removal of a father’s or mother's parental responsibility, but you must be able to give your solicitor some evidence that child abuse has taken place.

Template letters

If you have been asked to provide evidence to help with a legal aid application, then you can use the following template letters to help provide that evidence in the appropriate form if you are:

• a Doctor
• a MARAC
• Social Services
• Social Services providing evidence for a child protection matter
• a Refuge

Letter from a doctor or nurse confirming injuries or a condition consistent with domestic violence

If a doctor (including a GP), nurse, midwife or health visitor saw you in the last two years because you had injuries or a condition from domestic violence caused by your ex-partner then this can be used as evidence for legal aid.
A ‘condition’ can include mental or psychological conditions, such as depression, as well as physical conditions.

You will need a letter from the doctor, nurse, midwife or health visitor who saw you that confirms that when they examined you, you had a condition that was consistent with domestic violence. To get a copy of a letter:

1. Complete this medical evidence template letter as much as possible and send it to the place where you were seen, addressing it to the health professional you saw.
2. If you do not know their name, or they no longer work there, you should contact your GP who will have your medical notes and will be able to advise you.
3. You may be asked to pay a fee for the letter by the health professional.

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Re: Legal Aid in Domestic Violence Cases

This letter needs to be amended by the patient/applicant and given to the Doctor / Nurse that saw you. This example letter has been designed by the Ministry of Justice to be used to request evidence of injuries/condition consistent with domestic violence from a doctor (including GP), nurse, midwife or health visitor. Once the letter has been completed, dated and signed on headed paper you should give it to your solicitor to use as part of your legal aid application. Print out the example letter ( http://www.legalbeagles.info/forums/...9&d=1395416782 ) and enclose it with your letter. It is usually best if possible to visit the GP/Nurse directly and hand them the letter explaining what it is and what it is for.



Your name
Your address
Your Postcode

Date

Your Doctor/Nurse/GP name
Surgery / Hosital name
Address
Postcode



Dear [insert name of doctor, nurse, health visitor or midwife],

Request for evidence of domestic violence for access to legal aid

I would like your help so I can get Legal Aid.

I would like to request written confirmation that I was examined by you in the last 24 months with injuries or a condition that were consistent with those of a victim of domestic violence and that you have no reason to believe that the injuries or condition were not caused by domestic violence.

This is needed as evidence of domestic violence in order that I can access legal aid for a family dispute in accordance with the Legal Aid, Sentencing & Punishment of Offenders Act 2012. Without evidence I will be unable to get legal aid to pursue my family case. I would therefore be grateful if this could be treated as a matter of urgency.

There is an example letter for this which is available on www.justice.gov.uk/legal-aid-for-private-family-matters which can be pasted onto the practice/hospital letterhead. I have enclosed a copy of this example.

I will then take your letter to a family lawyer so they can assist me with my dispute.

The legal aid legislation defines domestic violence as “any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between intimate partners or family members.” This follows the cross-Government definition.

The Ministry of Justice and the Legal Aid Agency recognise that the great majority of physical injuries and many non-physical conditions could be caused by domestic violence.

I can confirm that the [injuries/condition] that I presented to you with on [insert date when you were examined by the health professional if known] were caused by domestic violence.


I would be grateful if you could let me know when the letter is ready to collect from the surgery. The best way to contact me is [Enter details on best way to be contacted]

Yours [faithfully/sincerely],

[Add your name here]