Domestic violence- no legal aid

[Grapefruit7]

Hello,

My friend is currently leaving a DV relationship.

They are married but he controlled the main bank account and she only has earnings from her part time job.

She has been told she doesn’t qualify for legal aid because she has a house worth over £300k.

She has no money to access legal representation. Is there an exception to the legal aid rule if it’s a DV situation? If not, are there any charities who will help her?

The police are involved and criminal charges are being pursued (if that makes any difference)

Thanks in advance

Does she own the house herself, or is it and its occupation at issue in the relationship she seeks to escape?

There’s a mortgage on the house and it’s in both their names.

He can’t live there at the moment for her safety and there will likely be a custodial sentence.

I think it makes a difference if the police are involved. I requested a restraining order and it was obtained when he went to court.
Why does she need legal aid?

I think it would be about his access to the children and ensuring her safety.

I’ve seen legal aid can’t be used for divorces so that would have to be seperate.

Would a solicitor accept payment from her divorce settlement when it comes through?

She needs to contact her local dv service for support

My experience a few years ago is the house is considered an asset and rules you out of legal aid. If she's living IN the house then I think there is legal aid but not in a divorce. But as I found if you have to leave the house to be safe then it's an asset and no help available.

This was my experience I didn't know if it's true for everyone. People kept saying there is help with DV cases but I never found any

Why does she need legal representation?

She can apply herself and doesn’t need legal aid. There is a form to complete and lots of advice online about how to draft a witness statement. I think there is an exception for domestic abuse where legal aid is concerned but I’m not sure how it works

Legal aid for divorce etc was withdrawn some years ago. There is however an exception where DV is a factor. There has been criticism that the bar was set to high to actually prove DV but (a) it was lowered and (b) as the police have been involved here I think it wouldn't be a problem.

I'd hope the house she's living in would be disregarded though there could be a charge against it as assets preserved or recovered.

Assuming she's spoken to a solicitor what have they said exactly?