Free legal aid for non-molestation order respondents

A common myth is that only the person applying for a non-molestation order can get legal aid. That is not right. Legal aid is available to respondents in non-molestation and occupation order proceedings under Part 4 of the Family Law Act 1996, but it is subject to a means test (your finances) and a merits test (whether the case justifies public funding).

The means test: can you afford a lawyer?

The Legal Aid Agency looks at your income, capital (savings and property equity) and household circumstances. In general:

• If you receive certain passporting benefits (such as income-related benefits or Universal Credit within the limits), you may automatically pass the income part of the test.
• If you are employed, your disposable income after allowable deductions (tax, NI, housing costs, childcare, dependants) is assessed.
• Savings and equity in property above set limits can take you out of scope, or you may have to pay a contribution.

The limits change from time to time, so a solicitor will run the exact calculation. Our advisors can give you a quick initial view.

The merits test: why does it matter for respondents?

For respondents, the merits test is usually the harder part. The Legal Aid Agency asks whether the case is worth funding: the prospects of success, how serious the consequences are, and whether the issue could be resolved another way (for example by giving an undertaking).

Respondents are more likely to meet the merits test where, for example:

• there are linked children proceedings (a child arrangements case) and findings in the injunction case could affect your contact with your children;
• there are linked criminal proceedings or a police investigation;
• the allegations are very serious and disputed, and the case is complex;
• there is an occupation order affecting your home;
• you have particular vulnerabilities (for example a disability, mental health needs or language barriers).

Where there is nothing at stake beyond the order itself and you could simply agree to it or give an undertaking, legal aid may be refused. We'll be honest with you about this.

Accused of breaching the order?

If you face committal proceedings (an application to send you to prison for contempt, for example for breaching an undertaking), legal aid for representation is generally not means-tested. If you are charged with the criminal offence of breaching a non-molestation order, criminal legal aid and the police station duty solicitor scheme apply. See breach of a non-molestation order.

Free help even if you don't get legal aid

If you don't qualify, you still have options:

• free initial advice and help preparing your FL435 and response statement from our advisors;
• at a contested hearing, the court can appoint a qualified legal representative to cross-examine the applicant for you, paid for by the court, because you cannot cross-examine an alleged victim in person;
• fixed-fee or unbundled help from a family solicitor for specific tasks.

What to have ready for your legal aid check

• Your court papers (order, FL401, statement, notice of hearing, FL435)
• Proof of benefits, or your last payslips / 3 months' bank statements
• Details of any savings, property and partner's income if you live together
• Details of any child arrangements case or police matter

Check if I qualify – free →

Frequently asked questions