Can I get legal aid for a domestic abuse case?

Article written by Charlotte King, Chartered Legal Executive Apprentice, published 10 November 2026. Reviewed and approved for legal accuracy by Leo Noonan, Family Solicitor.

• Domestic abuse does not have to involve physical violence. Controlling behaviour, threats, harassment and economic abuse may also be relevant.
• Legal aid can help with different family law matters, including applications for protection and certain cases involving children or matrimonial finances.
• Eligibility is assessed against three main tests: whether the matter is covered by legal aid, your financial circumstances and the merits of the case.
• Evidence may be required, but one accepted document may be enough. Several forms of evidence can be used, and you may still qualify if the abuse has not been reported to the police.
• Your finances will usually be assessed, and you may sometimes be required to contribute towards your legal costs.
• The Family Court can make orders to protect you, including a Non-Molestation Order or an Occupation Order.
• A family legal aid solicitor can assess your application. Other options may remain available if you do not qualify.

Yes. Legal aid may be available if you are experiencing domestic abuse and need legal advice or protection through the Family Court.

Whether legal aid is available will depend on the type of legal help you need and your individual circumstances. The rules can appear complicated, but you do not need to work out whether you qualify before speaking to a solicitor.

This article applies to cases in England and Wales.

If you or your children are in immediate danger, call 999. If you are calling from a mobile and cannot speak, press 55 when prompted.

Government guidance also provides details of domestic abuse helplines and support services.

Domestic abuse is sometimes referred to as domestic violence, although it can include behaviour that does not involve physical violence. It can include controlling or coercive behaviour, threats, harassment, emotional or psychological abuse, sexual abuse, and financial or economic abuse.

It can be behaviour by a current or former partner and, in some cases, another family member.

Domestic abuse can involve a single incident or a pattern of behaviour that takes place over time. This might include someone controlling your money, monitoring where you go, preventing you from seeing friends or family, reading your messages or making you feel frightened in your own home.

You also do not have to wait for the situation to become physical before getting advice. If someone is making you feel frightened, controlled or unsafe, a solicitor can explain what legal protection may be available.

This could include a partner controlling your wages, questioning every purchase you make or preventing you from having access to money of your own. Even if they have never physically harmed you, this may still amount to financial or economic abuse.

Legal aid can help with the cost of receiving advice from a solicitor, preparing an application and being represented in court.

It may be available where you need legal protection from someone who has been abusive towards you. It can also be available for certain family law matters arising from an abusive relationship.

These matters can include arrangements for your children, preventing a former partner from taking certain steps in relation to a child, and dealing with some issues following separation.

The work that legal aid will cover depends on the circumstances of the case. A solicitor will need to understand what has happened and what you want to achieve before confirming whether the work falls within the legal aid scheme.

There are three main parts to assessing whether legal aid may be available.

First, the legal issue must be covered by legal aid. This is sometimes called the scope test. Applications for protective orders are covered, as are certain cases involving children or matrimonial finances where domestic abuse is relevant.

Second, your financial circumstances will usually be assessed. This is known as the means test and considers matters such as your income, benefits, savings and property.

Third, the Legal Aid Agency may also consider the merits of the case. This can include the circumstances of the application, the outcome being sought and whether it is reasonable for public funding to be provided.

Meeting one part of the assessment does not necessarily mean that legal aid will be granted. We, who undertakes legal aid work, can consider each requirement and explain whether you are likely to qualify.

The evidence requirements depend on the type of application you need to make.

If you are seeking a protective injunction, you may not need to provide the same prescribed evidence that is usually required for other private family law cases.

If you need legal aid for a matter involving children, separation or finances, you will usually need evidence showing that you or your child have experienced, or are at risk of experiencing, domestic abuse.

The document must meet the requirements set by the Legal Aid Agency. This means that evidence showing what happened may not always contain the information needed for a legal aid application.

We can look at the documents available and let you know whether they meet the requirements.

There are a number of ways domestic abuse may be evidenced for a legal aid application.

You will not usually need to provide every type of evidence listed below. One document may be enough, provided it is an accepted form of evidence and contains the information required by the Legal Aid Agency. The evidence needed will depend on the type of family case involved and your individual circumstances.

Depending on the circumstances, evidence may be available from:

• The police
• The courts
• Social services
• A doctor or another health professional
• A domestic abuse support service
• A refuge
• An Independent Domestic Violence Adviser
• A Multi-Agency Risk Assessment Conference
• A bank or another financial institution
• An employer, education provider or benefits provider

The type of document required will depend on where the evidence comes from. In some cases, a letter will need to include particular information about the abuse and the support that has been provided.

For example, a printout showing that you attended a GP appointment will not usually be enough on its own. A letter or report from an appropriate health professional should name you, confirm that you were examined in person, by telephone or by video, and state that your injuries or condition were consistent with domestic abuse. A GP providing NHS services must not charge for preparing this evidence for a legal aid application.

You do not need to collect all of your evidence before speaking to a solicitor. We can explain what evidence is required for your case, identify whether the documents you already have may be accepted and advise whether anything further is needed.

The Legal Aid Agency also provides sample letters for requesting evidence of domestic abuse, which cover evidence held by the police, courts, health professionals and support services.

You may still be able to get legal aid if you have not reported the abuse to the police.

A police report, caution or conviction can be used as evidence in some cases, but these are not the only forms of evidence that may be accepted.

Many people do not feel able to report domestic abuse straight away. Others may have spoken to a doctor, social worker, refuge or support organisation instead.

A solicitor can consider whether evidence may be available from one of these sources and explain what information it will need to contain.

One route may be a letter from a domestic abuse support service. It is not enough for the letter simply to confirm that you have contacted the service. It will usually need to identify you and the other person, confirm the service’s professional assessment that you are experiencing or at risk of domestic abuse, and explain what support has been provided. We can check the wording before the letter is used for a legal aid application.

Most applications for family legal aid are financially assessed.

The assessment can take account of your income, benefits, savings, investments and any interest you have in a property. Certain household expenses and financial responsibilities may also be considered.

You may be asked to provide documents such as bank statements, wage slips, benefit letters, evidence of housing costs or information about your savings.

The financial rules are detailed, and the outcome cannot always be decided by looking at income alone. In some cases, a person may qualify for legal aid but be required to make a contribution towards their legal costs.

For example, legal aid may fund proceedings to divide matrimonial finances following an abusive marriage. If those proceedings result in you receiving money or keeping an interest in a property that was in dispute, the statutory charge may apply. This means that some or all of the legal costs paid on your behalf may have to be repaid from the money or property recovered or preserved. The amount will depend on the outcome of the case and the legal costs incurred.

We will assess your financial eligibility, explain whether you need to make a contribution and advise you if the statutory charge could affect any money or property at the end of your case.

There are a number of orders the Family Court can make to protect you and, where necessary, your children.

A Non-Molestation Order can prohibit someone from threatening you, harassing you or using violence against you. The order can also prevent other behaviour, including contacting you or coming near your home, where the Court considers this necessary.

An Occupation Order deals with who can live in or enter the family home. This can be particularly important where you are worried about continuing to live with, or having contact at home with, the other person.

The Court can make an order without notifying the other person first where the circumstances justify an urgent application. If an order is made in this way, the Court will usually arrange a further hearing at which both parties can attend.

There is no court fee for applying for a Non-Molestation Order or an Occupation Order.

You may be receiving threatening messages from a former partner who has also started turning up at your house without warning. In those circumstances, the Court could make a Non-Molestation Order, preventing them from contacting you or coming near the property.

The first step is to contact a solicitor who holds a family legal aid contract.

If you would like an initial indication before contacting a solicitor, you can use the Government’s legal aid eligibility checker. If you are ready to proceed, you can also apply for family legal aid online through Leonard Solicitors.

We will ask you about your legal problem, what has happened and whether there is an immediate risk to you or your children. We will also consider whether the work you need is covered by legal aid.

You will also be asked about your financial circumstances and any evidence of domestic abuse that is available. If further documents are required, we can explain what is missing and where suitable evidence may be obtained.

Once the necessary information has been provided, we will then make an application and advise you on the outcome.

What if I do not qualify for legal aid?

Not qualifying for legal aid does not prevent you from obtaining legal advice or applying to the Family Court. It means legal aid will not cover the cost of having a solicitor advise or represent you.

We may still be able to help on a privately funded basis. Depending on the work required, this may be charged at a fixed fee or an hourly rate. We will explain the likely costs before any work is carried out.

If you cannot afford private legal advice, CourtNav is a free online service that can help you prepare an application for a Non-Molestation Order, an Occupation Order or both. Applications prepared through CourtNav can also be checked by a legal adviser before they are submitted to the court.

Speak to our family law team

You do not need to work out whether you qualify for legal aid before contacting us.

Our family law team can listen to what has been happening, assess whether we may be able to act for you under legal aid and explain what happens next. If you need urgent protection, please tell us when you first make contact so that we can consider whether immediate action is required.

We understand that it may not always be safe to receive a telephone call, voicemail or email. Please let us know when it is safe for us to contact you.

Contact us online to get started or call 023 8023 4433 during office hours.

Please be aware that nothing in this article constitutes legal advice on which you should rely. This article is published for general information only and professional legal advice should always be sought before taking any action related to or relying on the content of this article. Our Terms apply to this article.

About the Author: Charlotte King

Charlotte King is a Chartered Legal Executive Apprentice in the Family Department at Leonard Solicitors. She supports clients in a range of family and children law matters, including domestic abuse and child arrangements.

Charlotte has experience assisting with applications for Non-Molestation Orders and Occupation Orders, as well as other proceedings to protect children and adults. She provides clear, practical guidance while ensuring that clients feel listened to and supported throughout the legal process.

You can also read how Charlotte helped to secure protective orders for children following domestic abuse.

Learn more about Charlotte and her work.