Legal aid

[rmummyofone]

Am I entitled to legal aid if I'm a victim of DV but work full time?

Maybe. Depends how much you earn and what assets you have. You have to qualify on means (money) and merit (reason). So the DV is the merit and your income/available funds is the means.

You also need evidence of the the DV, police involvement, Merac etc. Poster above is correct, means and merit. You may not qualify for full legal aid but contribution based.

@DancingWithYourDog thank you for that

I don't have assets and I earn 19k a year. I only started the job in August.

@MissMaple82 thank you

I reported to the police in September still under investigation & have a DV charity ready to provide a letter. I don't have assets and earn 19k a year. I started my job in Sept.

From what you’ve said you should qualify. The DV charity might be able to set you up with a free solicitor consultation, that would be the best place to start.
Hang in there OP, it’s a long, tough road but the freedom is priceless.

@DancingWithYourDog thank you for your response

I'll be calling up the civil legal advice line tomorrow to see if I qualify and then get things moving with a local legal aid as soon as possible.

I'm afraid my ex has sent a c100 and I'm worried I'll be the respondent. I'm worried my allegations will not be believed. It is a tough road ahead I didn't want it to be this way.

I want my ex to see our son. Just safely & without the worry he will take him and not bring him back. :(

So court is what you need because with a Child Arrangements Order in place your ex will legally have to bring him back.

Good luck trying to find a. Firm that 1 are still doing legal aid and 2 will actually take your case on.

There are firms.

Look at Law Centre's in your part of the country. They are run by Solicitor's and the work is all legally aided. Even if a firm doesn't have access to the specific area of law needed for your case, they can apply for ECF, Exceptional Case Funding.

There are many firms. The best thing for OP to do is contact women's aid or victim support as they will be in direct contact with firms that specialise in DV and accept legal aid.

So you absolutely pass the merit part of the process. The rest will be down to finances, I doubt very much you'll get full legal aid but you may very well get contribution based. So you'll have to top up. I paid 80 a month on a minimum wage part time job

@MissMaple82 thank you for responding I think it'll still be cheaper than my private sol atm.

I'm currently applying for legal aid now but they said my application can take a few weeks.

@DancingWithYourDog yes this is the main reason for taking my ex to court.

He wants 50/50 however our son is 2. I believe this will be unsettling to pass him back and forth two towns 40 mins away every few days.

We cannot mediate either as I can never have a say with him.

@confessionstoday yes I'm feeling the struggle.

Good Luck OP. Stay strong

OP mediation isn’t expected where there’s DV, you’re exempt on the grounds that you can’t negotiate with your abuser as there would be intimidation and an imbalance of power

@DancingWithYourDog thank you
My ex was adamant on mediation I'm not sure how he found this ok? I'm genuinely afraid of this man and though he isn't going to hit me my body responds as if he will

@MissMaple82 thank you so much. I hope I qualify. I'll end up in debt if I pay private.

If you win property, you'll be in debt to legal aid. However, amount may be somewhat smaller than with a private solicitor.

"The Legal Aid Agency (LAA) will make a charge or claim – known as the ‘statutory charge’ – on any money or property you win. If this is your home, payment can be deferred and the debt placed as a charge on your home (similar to a mortgage)."
www.gov.uk/legal-aid/eligibility

@waterSpider thanks, I don't have any property. All assets were on my ex's name.

Are you married?

@Whiskeypowers yes islamically but not registered so not classed as married in this country.

What is it you want legal aid for if you are not married?

@confessionstoday a non molestation order against my ex, and for child arrangements.