Sunday, 23 December 2012

Domestic Violence, Legal Aid and Evidence from April 2013

Many people are aware that legal aid is to be cut from April 2013, but believe funding for domestic violence is unaffected. This is only partially true, in that evidence will be required to support an application for a funding certificate... an allegation alone will not be enough.

Examples of evidence include:
  • an existing protective order or injunction in respect of the other party, against the applicant; 
  • an undertaking having been given by the other party in lieu of a protective order or injunction for the protection of the applicant;
  • a police caution for domestic violence against the applicant;
  • appropriate evidence of admission to a domestic violence refuge;
  • appropriate evidence from a social services department confirming the provision of services to the victim in relation to alleged domestic violence;
  • evidence from GPs;
  • a criminal conviction for domestic violence by the other party against the applicant;
  • evidence of a multi-agency risk assessment conference having been referred as at risk of domestic violence, with action recommended;
  • a finding of fact by the courts of domestic violence by the other party against the applicant.

The alleged victim is responsible to compiling this evidence, prior to legal aid being granted.

Our domestic violence guide has been updated to include the above evidence list.