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Evidence of domestic abuse for legal aid

Urgent help

If you are in danger, this comes first

Nothing on this page matters more than your safety. None of these services will ask you to prove anything before they help you.

  • In an emergency, call 999. If you cannot speak, dial 999, listen to the operator, and press 55 when prompted. That is the silent solution, and it tells the police you need help without you having to say a word
  • National Domestic Abuse Helpline, run by Refuge, free and open 24 hours: 0808 2000 247
  • Men’s Advice Line, for men experiencing abuse: 0808 801 0327
  • Galop, for LGBT+ people experiencing abuse: 0800 999 5428

There is no court fee to apply for a non-molestation or occupation order, and legal aid for a solicitor is still available to victims of domestic abuse who are financially eligible.

The short answer

To get legal aid for a solicitor in a private family case through the domestic abuse gateway, you need evidence from a published list. That list is broad, it includes letters from GPs, refuges, housing officers and support organisations, and there has been no time limit since January 2018. Evidence opens the door. You must also pass the means test and the merits test.

Key points

  • No time limit on the evidence. The old five year rule was removed on 8 January 2018.
  • The list is much wider than a court order. A GP letter counts. A refuge letter counts, including one refusing you a place because they were full.
  • Abuse means more than physical violence: coercive control, emotional abuse and economic abuse all count.
  • Evidence alone does not qualify you. You must also be financially eligible.
  • Where there is immediate risk, funding can be granted urgently and the finances checked afterwards.
  • There is no court fee to apply for a non-molestation or occupation order.

 

The figures

Evidence accepted for the domestic abuse gateway

The list is broader than most people expect, and there is no longer any time limit on how old the evidence can be. The old five year rule was removed on 8 January 2018. If you were told years ago that your evidence was too old, that advice is out of date.

  • A non-molestation order, occupation order or other protective injunction, including an undertaking
  • A Domestic Abuse Protection Notice or Order
  • A police caution, arrest, charge, conviction or bail conditions
  • A letter or report from a GP, nurse, midwife or other health professional
  • A health professional’s referral to a domestic abuse service
  • A letter from a MARAC, an IDVA or an ISVA
  • A letter from a domestic abuse support organisation or a refuge, including one refusing admission because it was full
  • A letter from a local authority, a housing association or a housing officer
  • A finding of fact made by a court
  • Evidence of economic abuse

Evidence on its own does not get you legal aid. It opens the door. You must also be financially eligible and your case must pass the merits test. Where someone is at immediate risk, funding can be granted urgently and the finances checked afterwards.

Source: Legal Aid Agency, evidence requirements for private family law matters. Time limit removed: GOV.UK, 8 January 2018. Checked 5 August 2026.

How to get each kind of evidence

If you do not have anything yet, these are usually the most achievable.

  • Your GP. A letter or report from a GP, nurse, midwife or other health professional counts. You can ask for one. Explain that you need it for a legal aid application.
  • A domestic abuse organisation. A letter from a support service or refuge counts, and so does a letter recording that a refuge could not admit you.
  • Housing. A letter from your local authority, a housing association or a housing officer counts.
  • The police. A caution, arrest, charge, conviction or bail conditions all count. You can ask for confirmation of a report you have made.
  • An IDVA or ISVA, or a MARAC letter, if you have been referred to one.
  • Economic abuse. Evidence of financial control counts, which people almost never realise. Bank records showing you had no access to money, or a pattern of debt taken in your name, may be relevant.

A solicitor with a legal aid contract will tell you which of these is most realistic in your situation, and many will help you request it.

Important information

If you were told before 2018 that your evidence was too old, that advice is out of date. There is no longer any time limit on how far back the evidence goes. The five year rule, and before that a two year rule, were both removed.

If you gave up on legal aid for that reason, it is worth asking again.

What the evidence does and does not do

It gets you through the gateway. That is a scope question: it makes your case one of the kinds legal aid can pay for.

It does not get you past the means test. Your income and capital are still assessed, and someone with strong evidence can still be refused on money. That refusal is not a statement about whether you were believed, and it is important to hold on to that, because it lands very hard when it happens.

It does not get you past the merits test either, except in care proceedings, which are funded automatically.

If you have no evidence yet

You are not out of options, and you have not left it too late.

  • Speak to your GP. It is one appointment and it is on the accepted list.
  • Contact a domestic abuse organisation. Their letter counts, and they will know what a legal aid firm needs.
  • Ring a legal aid family solicitor anyway. They do this constantly and will tell you what is realistic from what you already have.
  • If you are at immediate risk, that is a different question and the numbers in the box at the top of this page come first.

The order that costs nothing

There is no court fee to apply for a non-molestation order or an occupation order. Protection does not cost money at the court counter. What you may pay for is legal help to prepare and present the application, and that is exactly what legal aid can cover.

Anyone who tells you there is a fee for an FL401 is wrong.

The figures

Family court fees in England and Wales

ApplicationFee
Apply for a divorce, dissolution or nullity£628
Financial order by consent, including a clean break£62
Contested financial order, the Form A application£321
Child arrangements, the C100£270
General application within proceedings, D11 or C2£195
Non-molestation or occupation order, the FL401No fee
Domestic Abuse Protection Order applied for by a victimNo fee

There is no court fee to apply for a non-molestation or occupation order. Protection from abuse does not cost money at the court counter. You may pay for legal help to prepare it, and that is what legal aid can cover.

Help with Fees is separate from legal aid and can reduce or remove a court fee. Many people who do not qualify for legal aid do qualify for Help with Fees.

In force from 13 July 2026. Sources: the Ministry of Justice announcement and the fees order, SI 2026/642. Free applications: GOV.UK, injunctions: protection from domestic abuse. Checked 5 August 2026.

This page provides general information about the law of England and Wales. It is not legal advice and it does not create a solicitor-client relationship. Laws, fees and thresholds change. Where a decision matters to you, take advice from an appropriately qualified professional about your own circumstances.