Legal aid for respondents: can you get it?
Many people served with a non-molestation application assume they have to pay a solicitor privately. Legal aid may be available to some respondents. This page explains how it works and where to check.
Is legal aid available to respondents?
Legal aid can be available for people on either side of non-molestation and occupation order proceedings in England and Wales. It is not automatic. Eligibility depends on two tests:
- The means test: your income, savings and sometimes property are looked at. Some benefits can make this simpler
- The merits test: whether the case is serious enough and has enough prospect of success to justify public funding
Rules and thresholds change, so always check current figures on GOV.UK or with a legal aid adviser rather than relying on this page.
How to find out if you qualify
- Use the "Check if you can get legal aid" service on GOV.UK
- Call Civil Legal Advice on 0345 345 4 345. Check their current opening hours
- Search GOV.UK for a legal aid solicitor in your area who does family work
- Citizens Advice can help you understand your options and gather your paperwork
If you are served with papers and have a hearing coming up, make contact as early as possible. Legal aid applications take time.
What to have ready
- Your court papers, especially the hearing notice
- Proof of income, such as payslips or benefit letters
- Bank statements and details of savings
- Details of anyone who lives with you and relies on your income
Referral to a legal aid solicitor
Justice Centre can refer you to independent solicitors on our panel who undertake legal aid work, with your consent. The solicitor assesses whether you qualify and whether they can take your case. See how the referral works.
If you do not qualify, or want extra support
Not everyone qualifies, and legal aid does not always cover every kind of help. Ask us about other options, including guidance and McKenzie Friend support.
Justice Centre does not provide legal aid and does not provide legal advice. We help you check whether you may qualify, get your documents together and be referred to a solicitor who does.
Other places to get help
- Citizens Advice
- Law centres in your area
- Support Through Court, a charity supporting people without a lawyer in court
- If you are worried about your own behaviour, the Respect Phoneline is 0808 802 4040
- If you are struggling with how you feel, Samaritans are on 116 123 at any time
Common questions
Can a respondent to a non-molestation order get legal aid?
Possibly. Legal aid is means and merits tested, and a legal aid solicitor or Civil Legal Advice can assess whether you qualify.
Do I need evidence of domestic abuse to get legal aid as a respondent?
The rules differ for applicants and respondents and can change. A legal aid adviser can tell you what applies to your situation.
Does Justice Centre provide legal aid?
No. We help you check whether you may qualify and refer you, with your consent, to independent panel solicitors who do legal aid work. We do not provide legal advice.
What if I am refused legal aid?
Ask the adviser why, and whether you can challenge it. You can ask us about other options, or represent yourself with support.
Take the first step
Tell us a little about your situation and we will explain how we can help. Everything you share is treated in confidence.
Make a Referral