At this time of year, many of us will look to the future and consider changes in our personal lives which affect our families.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 which comes into force on the 1st April 2013 means the end of legal aid for many, if not all family cases; in particular those relating to residence of children (or “custody”), contact arrangements and prohibited Steps Orders (to protect a child being removed from the care and control of their primary carer or out of the jurisdiction). Legal aid will also cease for cases relating to family finances which inevitably need to be resolved when parties separate, such as those relating to the former matrimonial home, others assets within the marriage including Pensions and also Properties/Assets owned between cohabiting partners.
Legal aid will still be available if the person is deemed a victim of “domestic abuse” However, falling within the Government’s definition of this will not be easy. Justice is for all of us in society and it is essential that the public can avail themselves of legal services if the need arises in family and children cases. So what is “domestic abuse” and how do you prove it? From just physical abuse, the definition includes emotional abuse, financial abuse, coercion or control and or the isolation of a victim from family and friends. Therefore acts such as preventing partners from leaving the house or access to a phone or psychological cruelty are now included. It has been well documented that victims of domestic violence often do not come forward to prosecute their perpetrators for a number reasons. As such, obtaining evidence of convictions or Injunctions may be difficult. Just because you do not have this does not mean the domestic abuse did not happen.
For victims to fall within the exemption of the domestic violence, they will have to show a conviction or a caution against the perpetrator. Also a fact finding in a civil matter will suffice. If that is not available, they will have to show evidence from a doctor or a medical report confirming that the doctor had examined the victim in the last 24 months and is satisfied that the victim has had injuries or a condition consistent “with those of a victim of domestic violence” Letters from health professionals involved with the victim or from domestic violence support organisations may also be relied upon. However, there is a real issue for those people who do not fall within this exemption but have limited financial resources to pay for legal advice. They will simply be no legal aid available to deal with applications in respect of children and financial applications after April 2013.
We at Duncan Lewis have always maintained that legal services should be available to everyone in society, not only for those who can afford to pay. We are avid supporters of Legal Aid and our work with the Legal Services Commission has helped us to be proactive in assisting all clients. Our Family and Child Care Department has 85 staff, spread over 7 offices across London who specialise in this type of work. Most if not all the solicitors are accredited Panel members of either The Law Society or Resolution. We have the expertise to help and it is very important for those who may be considering separation, or are separating and believe that they may be eligible for legal aid that they seek advice very quickly so assistance can be provided to secure legal aid before the 31st March 2013.
By Savita Sharma