Friday, 27 March 2009

Legal help

What you might need a solicitor for

Solicitors can help you access the civil law (non-criminal law) in a number of ways.

Applying for injunctions - an injunction is a 'civil law order' which you can use to help keep you safe. It places legal restrictions on your partner to try to prevent or limit any further violence.

For orders to do with children - applying for / or responding to, orders under the Children's Act (residence orders, contact orders, prohibited steps orders)

Getting a divorce or a judicial separation - (a legally recognised separation). A solicitor would deal with the proceedings and any financial settlements you need to make. Divorce proceedings can't be commenced within the first year of marriage but you can instruct a solicitor as soon as you separate so they can serve your divorce petition as soon as the year is over. There is no time limit on a judicial separation however, you can do that when ever you want to.

Finding a solicitor

There are a number of agencies who could recommend a family law solicitor who is experienced in domestic violence (call the National Domestic Violence Helpline on 0808 2000 247)

You can also contact Rights of Women 020 7251 6577 for free legal advice.

You can also seek advice from local advice centres (e.g. Citizen's Advice Bureaux) in your area. Or you could try Just Ask, where you can do postcode searches to find your nearest solicitor or advice agency.

Help with costs

You may be entitled to help with your legal costs through the Legal Help scheme (commonly known as Legal aid).
You have to apply for Legal Help through a solicitor.

If you're not sure whether you'd qualify call Rights of Women 020 7251 6577 or visit their website at www.rightsofwomen.org.uk and they may be able to give you an indication of whether you'd be eligible. To be eligible your income must not exceed £2000 per month and your capital must not exceed £3000.




If you need to be represented at court you may be granted Legal Representation (i.e. your legal costs are paid for by public funds). To succeed in gaining Legal Representation, most applications have to show that 'the likely benefits to be gained from the proceedings justify the cost, such that a reasonable private paying client would be prepared to litigate, having regard to the prospects of success and all other circumstances'.

For further advice contact Rights of Women on 020 7251 6577.

If you're not entitled to Legal Help, but would have difficulty paying for a solicitor, there are less expensive options available.

For more information contact either Rights of Women on 0207 251 6577 or go to the Darlington Domestic violence Forum website at www.ddvf.org. There are forms online that you can print out and fill in before going to your solicitor (which will make it cheaper).

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