Legal aid evidence for domestic abuse and child protection

What counts as domestic abuse for legal aid

GOV.UK says domestic abuse for legal aid includes controlling behaviour, emotional abuse, financial control (for example being stopped from using a joint bank account), and someone harassing, threatening or hurting you or your child. The abuse can come from a partner, ex-partner or family member [GOV.UK].

Who can give you evidence

You’ll usually need written evidence. Sources listed by GOV.UK include [GOV.UK]:

• the courts (for example an injunction or a finding of fact);
• the police (for example an arrest, caution, charge or conviction for a domestic abuse offence);
• a multi-agency risk assessment conference (MARAC);
• social services;
• a health professional — a doctor, nurse, midwife, psychologist or health visitor;
• a refuge manager;
• a domestic abuse support service;
• your bank — for example credit card accounts, loan documents and statements (evidence of economic abuse);
• your employer, or education or training provider;
• the provider of any benefits you’ve received.

The full list in the regulations is longer — it also includes, for example, letters from an independent domestic violence adviser (IDVA) or independent sexual violence adviser (ISVA), a local authority or housing association, a domestic violence or domestic abuse protection notice, an undertaking given to a court, and an expert report [LAA guidance].

The exact wording each document must contain is set out in Schedule 1 to the Civil Legal Aid (Procedure) Regulations 2012; the Legal Aid Agency publishes guidance for solicitors on it [LAA guidance]. Your solicitor will check whether what you have is acceptable — you don’t have to work that out alone.

No time limit: since 8 January 2018 there is no time limit on abuse evidence (it used to be five years), and statements from domestic abuse support organisations and housing support officers were added to the list [MoJ, 2018].

Evidence that a child is at risk

A separate route covers cases about protecting a child from abuse by someone else (regulation 34 and Schedule 2 of the same regulations). Accepted evidence includes an arrest, police caution, ongoing criminal proceedings or conviction for a child abuse offence, a relevant protective injunction, a finding of fact by a court, or a letter from social services — including one confirming a child protection plan [LAA guidance].

If social services are taking court action about your child (care proceedings), parents can get legal aid whatever their income — contact a solicitor with a family legal aid contract straight away.

How to ask for evidence

1. Use the free sample letters. GOV.UK provides template letters you can hand to the police, courts, doctors or social services — one for abuse you experienced and one for abuse your children experienced. The person you ask fills in the details [GOV.UK].
2. Expect a possible fee. Some professionals (for example GPs) may charge for writing a letter [GOV.UK]. Ask first, and ask your solicitor whether another source would be free.
3. Talk to a legal adviser early. You don’t need the evidence before your first conversation — but they’ll need to see it before deciding on legal aid [GOV.UK].
4. Think about safety. Use a phone, email address and device your ex can’t access, and tell the professional how it’s safe to contact you.

You still have to pass the means test

Evidence gets your case in scope; you also have to be financially eligible and pass a merits test. For 2026 the main limits are gross income up to £2,657 a month, disposable income up to £733 a month and capital up to £8,000 [LAA keycard 62]. For protective injunctions (such as a non-molestation order) these limits can be waived, though you may have to pay a contribution. Applying to the court for a non-molestation order has no court fee [HMCTS EX50].

Free, specialist support

• National Domestic Abuse Helpline — 0808 2000 247, free, 24 hours.
• Men’s Advice Line — for men experiencing domestic abuse.
• Rights of Women — free legal advice lines for women, including family law.
• Check if you can get legal aid — or Civil Legal Advice on 0345 345 4345.