Legal aid for DV in family court.

[ThisMustBeMyDream]

I'm posting for advice for my DP. He was a victim of assault by his ex a couple of years ago and it was reported to the police (there was more than one assault, along with emotional and psychological abuse. This assault is the only officially documented one however). He has proof via police and social services - however she wasn't given a caution. It went to restorative justice. She attended an offenders course.

This means he can't get proof of DV from the police. Social services said they can't provide a letter (although he has a s7 report with it all documented) as it was only a "one off" and mum didn't admit to being a perpetrator of DV (yes I know this is wrong, but he has exhausted this avenue with no joy).

His GP refused to write a letter last time (3 years ago) as they didn't see physical injuries at the time - he had them but they were cuts and bruises not requiring medical attention. They refused to help even though he went to be signed off with stress after the assault and told the GP this was the sole reason for the stress and why he needed time off work. He had previously been to the GP when she started emotionally and psychologically abusing him and he had been given medication, this was about 3 months before the final assault.

He is at a new GP now, so he has asked them if they can look at the record and sign a letter based on what they can see documented. He is awaiting their response.

He has contacted the police to find out who he was referred to after the assault. He thought it was an IDVA, as they came to the door to see him and talked him though a non-mol. The police couldn't find a record of who he was referred to. He tried the IDVA's, but they had no record of him. Police suggested possibility of it being victim support - so he will try them tomorrow.

It is proving incredibly difficult for him to get legal aid. He really does need it right now as social services have been involved with his child and strongly recommended he take legal advice as they are concerned about the mothers behaviour and parental alienation. They are incredibly supportive of him (other than helping him with a letter for bloody legal aid of course!) and their report is highly critical of the mother and supportive of him as a father.

He is out of work at the moment as a supply teacher, so he really needs to get legal aid as he needs representation.

Can anyone help in how to do this when agencies are making it incredibly difficult?

Have you spoken to a legal aid solicitor, normally they will be able to guide you about what evidence can be produced to the Legal Aid Agency. They will have standard letters that can be used to send to agencies to get the correct evidence in return.

Yes, he spoke to CLA last time, and this time too. They referred him to their only legal aid solicitor who said there was a conflict of interest. The mother managed to get an emergency certificate 3 years ago, but she didn't get the substantive certificate. We know she used that firm initially though. All other proceedings she has been unrepresented. So it has been 3 years since she used them. They still said it was a conflict of interest though.

The CLA then just did a Google search of local solicitors and suggested he ring those to see if they accepted legal aid. He could have done that himself!

He has all the standard letters so he can send them. The issue is getting anyone to sign one even though he was a victim. Very frustrating!

He is awaiting a local solicitor to call him back this week BTW.

Oh that does sound difficult.

The best thing to do, is do what you are doing, and call some local solicitors. Legal aid lawyers are very busy (especially at this time of year) so you may need to call a few to get a call back.

Is the behaviour continuing (would he be eligible to apply for an non-molestation order now?)

So she wasn’t charged / convicted of an offence or accepted a caution? Why was she made to go on a offenders course without a conviction?

Sounds like the new GP may be your best bet

She hasn't assaulted him since - no. She screams and shouts and swears at him in front of their child still. He is still terrified of handovers after all this time.
Sadly there is no real protection for him. The advisors who came to see him said the non mol would make child contact difficult so advised not to take that route at that time. The social worker who wrote the s7 in her recommendations stated that the mother should provide a 3rd party handover due to her behaviour. She refused. Said it was her or no-one (those words are written in the s7!). It was ultimately agreed in court that she would do them as she still refused to provide anyone and dad doesn't have family here (all 200 miles away). It was the only way DP could get contact started again as it wasn't at final hearing stage. So he felt he had no choice.

She was given restorative justice. So she was on cctv, and had to admit it eventually. But they decided to go down that route instead of a caution. The course was called "women of worth" aiming to reduce female re-offending.

Sorry I have only ever heard of restorative justice after the offender received a criminal conviction (if she received a criminal conviction, you can obviously use this as your DV evidence) Who imposed this restorative justice (was it the criminal courts?) Sorry to ask, as I’m sure you know, but are you sure she didn’t get a criminal conviction and then part of her punishment was restorative justice

Yes I'm 100% certain. The police gave it to CPS who decided it wasn't in the public interest to prosecute. The Police told DP that she had been given restorative justice instead. This is all documented in the s7 too. He did tell them he was unhappy with the outcome and it was looked at again, but the same outcome given.

Tell him to get a sex change and then just invent a DV allegation and he will get unlimited legal aid.

Sorry that doesn’t help, but it’s true, and disgraceful. He wouldn’t even need any evidence.

Good luck. It’s a brutal system

The Women of Worth in Greater Manchester working to support vulnerable women who've been victims of domestic abuse?

Assume not.

Restorative justice occurs in place of another punishment so I'm not sure I follow how it could have been done without any conviction (a caution is a conviction). You can't impose a penalty without a conviction. That's the purpose of convictions.

He has proof via police and social services - however she wasn't given a caution. It went to restorative justice. She attended an offenders course.

This means he can't get proof of DV from the police.

You're contradicting yourself.

Proof that it happened, but not the kind of proof legal aid require. I did explain that.

These are the letters required www.gov.uk/government/collections/sample-letters-to-get-evidence-of-domestic-violence

Women of worth state "The centre provides a rolling programme of workshops that are relevant to woman. These learning programmes provides the stepping stones to increase self belief and improved levels of confidence enabling them to address their issues and build a better life for themselves and their families." DP was told this was a course to address personal issues and to reduce the chances of re-offending. The one I checked in the relevant area had the above information. I can't copy the s7 on here, but the mother states pretty much this in there, that it was a course to address personal issues as a result of the assault.

I've no reason to lie. I'm trying to explain what proof he has, and ask how he can legal aid. 🤷‍♀️

It also states she was referred to it by the police as a consequence of the assault.

Are you aware that you shouldn’t have even seen the S7 report? Family court documents are only intended to be seen by those involved in proceedings

@Sunshinemoose

Are you aware that you shouldn’t have even seen the S7 report? Family court documents are only intended to be seen by those involved in proceedings

This is technically true, but people who live with or are in a relationship with a partner who is going through the hell of family court are likely to be used for support and as a sounding board.

There’s nothing technical about it. Court documents are confidential. Disclosure of information in them without permission is a breach of the rules and a contempt of court. Legal ties aside, it’s also pretty morally questionable when the primary purpose of the documents being private is for the protection of the children involved.

Yes, well aware. However, it is in my house. All his paperwork is. I have been there through phone calls and other professionals have come to my house to see him. We don't live together but he is here the majority of the time.

@Sunshinemoose do you have anything helpful to add to the original question? Please don't derail the thread. Thanks.

Legal aid is incredibly and increasingly difficult to get. But some things that help are proof of a non molestation order, proof of DV via police, if you're means tested, being on universal credit helps as its a passporting benefit and should help you acquire legal aid. I'm sorry your partner has gone through this and receives the help he needs.

He is on UC as his wage is unpredictable due to the nature of supply teaching. He has had UC since the start of covid. He won't be for much longer, but currently yes. So he meets the means test. He has a busy day ahead trying to sort this out now.

Still no further forward today. GP has not looked at the request yet. Victim support has no record of contact.

A local solicitor has taken the details and a copy of the s7. He has since found copies of 2 previous cafcass reports which both state the mother admitted to the assault to them. Will also forward those as evidence.

It is really disheartening that it is so difficult. He really needs some urgent advice currently and has no money to access such advice.

Is he not confident enough to seif represent himself? It's so so hard. I don't discount in anyway what he's been through but legal aid is so hard to acquire.

It is a long story - but he has self represented through the 2nd case. It didn't go well and he felt railroaded. It was an enforcement and a variation with him as the applicant. He ended up with a worse order really. Mum self rep too in that case.
1st time round he had solicitors and a barrister as did mum. 3rd time he used a direct access barrister and did all the papers himself. Mum self represented.
This will be the 4th "round" of court. He has said he must be represented as the stakes are too high for his child for him to risk it. Mum is represented. Social services are urging him to be represented. He will keep trying. It is so frustrating though. He has all these reports with it in, but it isn't enough (so it feels!).

What contact has he got now and what contact does he hope to achieve?

Currently none as she has stopped contact.

The order is week 1 Tuesday 4.30-6.30pm for dinner with the proviso that this will become an overnight when suitable. Friday 4.30pm-Sunday 5pm.
Week 2 Tuesday 4.30-6.30pm for dinner with the same proviso as above.
50% of all school holidays. Alternate birthdays. Christmas eve 2pm-christmas day 2pm alternating each year with Christmas day 2pm-boxing day 2pm.

He is happy with this contact. There are a few niggles eg. 5pm drop off he would prefer 6pm as he can't give her dinner and get her back in time currently (mum wanted 4pm return, dad 6pm, so the judge met in the middle without considering her mum says her dinner time is 4pm). He wanted to alternate Christmas rather than split days as he felt it better than removing a child from their new toys half way through the day. But he would keep the current order without murmur quite frankly.

The advice he needs to obtain is around whether to ask for residency to be switched. If not now, he will have to at some point - the social worker believes that this will not stop. I've got other posts about the things that have happened over the last couple of years on here and the consensus is he should be going for residency to protect his child. The problem is he is frightened that he will look vindictive or in some way bad. He isn't. He just wants to do the best for his daughter. He knows that if mum can stop her behaviours that she would be better there with her sister and all she knows rather than being uprooted to a new town, a new pre-school etc. Problem is, mum just keeps on with her behaviours, breaking the order, making malicious allegations, involving police and social services (to no avail). She has put the child through intimate medical procedures in an attempt to justify stopping contact. She has both given unprescribed medication to try and control contact, and also withheld medication for the same reasons (I won't go in to more detail, but my previous posts have detail in them). I could go on and on.

He just wants to get things right for his daughter and to have meaningful contact. This year he has barely had contact as she refused all contact until mid July due to covid. And now come October she has stopped it again after making accusations.

God sounds like a complete mess. :( she certainly sounds like she's not got her daughters best interests at heart.. But the Court will be child focused.. If mum poses a huge risk to her then he possibly stands a chance of transfer of residence but the Courts will look at her age, if her needs are being met by both parents etc... Why has she stopped contact with a court order in place???? What's her excuse this time? I have an interim court order with my violent ex partner whilst proceedings are underway. So far I've made every single contact session.. At my expense as there's a 2.5 hour drive between us. I wouldn't breach the court order because its not fair on my daughter to be messed around. If she's breaching the court order she's not got her child's best interest at heart and isn't going to help her case... Perhaps your partners starting point should be 50/50 with a view to eventually transferring residence. Its so hard. Impossible situation