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Hello all
I have found out recently my ex is claiming legal aid via my barrister- and I think that it is unfair?
My solicitor also seems surprised that she is claiming it, and said I could complain to the legal aid board
One of the things that were not completed is that my solicitor didn't receive a certificate from her side in regards to the legal aid- something my solicitor insists should of been done.
I have instructed him to look into it, and today he emailed me to inform me that he has received the certificate from the other side, and to email him the reasons why I don't think she should of been given legal aid ?
She's pulled the DV card during this process- although I have nothing in regards to a conviction or anything relating to violence towards her? How can claiming legal aid be so easy?
Domestic violence is not necessarily something that you have done that is physically violent or that has resulted in a conviction. https://www.gov.uk/legal-aid/domestic-abuse-or-violence
It is actually incredibly difficult to get legal aid. I tried and had recorded evidence of domestic violence. I even took this to my MP and was refused. If a criminal act has been committed, your ex would have had to press charges. Alternatively she would need a letter of support from a doctor stating that she had been a victim of domestic violence and that she had suffered as a result of it. Or from some other professional as detailed in the above website.
The government have made legal aid almost impossible to obtain - it costs them a lot of money. If she does have it, then she has submitted some kind of evidence that was enough to convince a professional that it was serious enough. How much of what she's told them is true is probably something that will be revealed in court. I doubt there's very much you can do about it but if your solicitor thinks you can then maybe?
Generally speaking there has to be proof of DV, such as police involvement, letters from professionals such as GP, who may have treated injuries, both physical and psychological, or if the victim had been placed in a refuge....that kind of thing.
If none of this had ever happened I think it's worth contacting the legal aid board to query it.
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