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change to legal aid,being withdrawn april!!!!

(30 Posts)
yummymommy1 Wed 20-Feb-13 16:49:07

anyone else panicking about this?
isnt this going to cause chaos?
i will need this for contact arrangments soon cut off date is 31 march - beware!

ComeIntoTheGardenMaud Wed 27-Feb-13 20:15:37

The risk of false allegations was something that was mentioned as the Bill went through Parliament. The list of evidence was drawn up (Ministers said) to avoid creating incentives for false allegations.

BerylStreep Wed 27-Feb-13 17:34:11

Yes, I suppose there could be the possibility of false allegations, but it may well encourage more victims to follow through their complaints to police, rather than withdrawing them.

ChocHobNob Wed 27-Feb-13 17:27:03

With regards to the above, I don't mean false accusations just by the abusers, but by both Mothers and Fathers.

ChocHobNob Wed 27-Feb-13 17:26:15

"Do you think that once this becomes widely known, the abusers will be quick to claim they are the one who has been abused?"

The other side of the coin is, once this becomes widely known, will there be an increase in false accusations of domestic violence just to claim legal aid?

Collaborate Wed 27-Feb-13 17:04:28

Extends to the wider issues.

BerylStreep Wed 27-Feb-13 16:10:11

Oh, that's good to know. What sort of evidence is required? And is the legal aid limited to the actual DV issue - for example getting a non molestation order, or does it extend to wider issues, for example child access arrangements?

ComeIntoTheGardenMaud Tue 26-Feb-13 20:41:01

There would be little point unless they could produce the evidence of abuse that the new rules require.

BerylStreep Tue 26-Feb-13 20:06:29

Do you think that once this becomes widely known, the abusers will be quick to claim they are the one who has been abused?

IneedAsockamnesty Sat 23-Feb-13 12:48:51

I know of suituations were that happens now collaborate.

Comeintothe. I didnt mean that, I know there has never been that arrangement,I also know each party is assessed on there own household income,I just had visions of a circumstance where both parties on a low income could get legal aid due to DV, or that the abusive one (as I have know happen already) could do the lets drag out hearings lets be given much more leeway and more chances by a judge because "oh dear me she's legally aided has representation and I don't".

Interestingly going by my recent meetings at work,we have a very large number of clients who are actually waiting until after April to separate because they know the rules are changing and are concerned about stbex's using the courts to further abuse them and after then income means they won't be able to as they are the type of people who would only do it if its free.

Collaborate Sat 23-Feb-13 09:25:57

The travesty is though that it will lead to some victims of DV being cross examined by the perpetrators.

ComeIntoTheGardenMaud Sat 23-Feb-13 08:50:19

No, there has never been an " equality of arms" arrangement that because one party gets legal aid, the other gets it too. Each party's eligibility is assessed separately.

IneedAsockamnesty Sat 23-Feb-13 00:13:31

That is good, I had visions of the abuser being given it as well because the victim had been.

Collaborate Sat 23-Feb-13 00:11:56

Only the victim will get LA after 1st April.

ComeIntoTheGardenMaud Fri 22-Feb-13 22:40:24

NB I am not offering legal advice here and anyone with concerns should consult a CAB or solicitor.

ComeIntoTheGardenMaud Fri 22-Feb-13 22:38:15

The 'domestic violence gateway' is for the person who has experienced domestic abuse. As that is - apart from the general exception for cases where it us necessary to supply legal aid to meet ECHR obligations - the only way to get legal aid in private family law cases, I can't see how the abuser would get legal aid. Their being financially eligible would be beside the point, as the case itself would be outside the scope of legal aid.

IneedAsockamnesty Fri 22-Feb-13 21:26:17

If both parties would be eligible financially for legal aid when DV is an issue do both parties get it or is it restricted to the none abusive party?

ComeIntoTheGardenMaud Fri 22-Feb-13 18:46:12

The definition of domestic abuse is quite widely-drawn. Have you had any advice about your eligibility?

yummymommy1 Fri 22-Feb-13 18:27:20

well,no actual violence in my case so no legal aid,despite ex being an alcoholic & having mental health problem..

ComeIntoTheGardenMaud Fri 22-Feb-13 00:36:33

There is no change to legal aid for domestic violence protection orders. The change is for legal aid for private law family cases, where legal aid is being withdrawn except for those cases where there has been domestic violence (what was being called, during the passage of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the "domestic violence gateway").

So will someone needing a restraining order for a violent/crazy ex partner get legal aid.

ComeIntoTheGardenMaud Thu 21-Feb-13 20:16:28

Wonderwoman - The issue, I think, is that anyone found not guilty can reclaim their defence costs, but they will get them back at the legal aid rate, which will often be far less than they actually paid.

Sockreturningpixie - Not necessarily. There is a means test and the interests of justice test.

IneedAsockamnesty Thu 21-Feb-13 17:53:58

I though that everybody accused of a criminal offence was able to obtain free legal assistance.

Did you know that as from last October any one found not guilty of a criminal offense will not get their costs back. Unless you are eligible for legal aid.

So the cps can wrongfully take you to court. A jury finds you innocent and you end up losing your house. Nice.

IneedAsockamnesty Thu 21-Feb-13 16:42:22

Indeed it will. But it will stop wankers who like to drag ex's into court willy nilly for silly reasons just because they get it for free.

But its not good that it will stop people with genuine reasons.

Collaborate Thu 21-Feb-13 16:26:10

I do CAB advice once a month and its really not much more than a pointer in the right direction. Each session lasts half an hour. The CAB is quite keen on the idea that it will advise someone about their rights, but not act for someone against another.

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