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How about a little discussion on the new Legal Aid reforms? Specifically the DV cases will still get free legal aid!
So as I’m sure many of the regulars here have noticed I’m occasionally quite opinionated (never used to be until I left my ex lol)…..so you’ll not be surprised to hear me writing what I’m about to write.
I was watching the news the other night and saw some guy on talking about the latest government cuts but specifically the Legal Aid reforms and the pulling of legal aid for family/domestic and contact cases.
Whilst this does not impact me directly - as I do not get legal aid – I heard one thing that really gets my back up…..they are still going to be offering legal aid to cases where Domestic Violence is “ALLEDGED”.
I know that there are a lot of Women and lets not forget Men out there who have or are really suffering DV from partners/ex partners….but does this little clause not open up the flood gates to the bitter ex’s to simply state DV when they know without it they’ll not get legal representation?
I hear and read of so many fathers (its mainly fathers here) that as soon as they’ve left and start struggling to get to see their kids they try the last option of legal action and then suddenly their ex’s come out with “he was abusive and violent” DV is then claimed and the fathers then get little/no contact with their kids until its disproven or the ex then “allows” contact to resume!
What will happen if/when its proven that DV never happened? Will the ex’s get sent the legal bill??
I for one also want to know why in such as my own case I proved my ex a liar on the DV claims (using the police reports etc…) why did she not get found in contempt of court? and why have I still had to pay out thousands of £££’s I don’t have and cannot afford???
If she got a speeding ticket they’d keep going until she paid it or imprison her (worst case!!!) would they not??!!
This is a very tricky area - the problem is not really with the law, which exists to protect those who are vulnerable and are genuinely abused (and there are plenty) but with the people who abuse the system. I'm not sure if it's contempt of court, but I would definitely say that if someone lies to get Legal Aid, then it's a fraudulent claim - perhaps if the legal aid in family cases was a benefit claim instead, the benefits office would be more likely to take action to recover/penalise the claimant.
Additionally, where DV is alleged, the case should be in front of the court under oath - that would attract the crime of perjury.
Hi Dad-i-d,
I though for the benefit of accuracy I would look for an explanation and clarification of the requirements that will be necessary to receive Legal Aid for applicants that have been victims of DV...I found this ~
www.legislation.gov.uk/uksi/2012/3098/regulation/33/made
Have you raised your issues with your Ex via the law socitey? I'm sure they can review cases and decide if legal aid was approprate. I'm saving it up just in case the Ex gets funny about CSA lies again.
The Government’s proposed legal aid reforms are facing further criticism in the House of Lords this month as discussions continue over the Legal Aid, Sentencing and Punishment of Offenders Bill.
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