Legal aid for domestic abuse: who qualifies?

Reviewed 19 October 2026 · Information for England and Wales

Legal aid can pay a solicitor to apply for a non-molestation order or occupation order and represent you in court. If you've experienced domestic abuse, it may also cover other family cases – arrangements for the children, or finances on divorce.

Plenty of people who assume they won't qualify actually do. It's always worth checking.

Injunctions: the two tests

Money (the means test)

• Benefits. Receiving certain benefits normally makes you financially eligible straight away – including Universal Credit, income-based Jobseeker's Allowance, income-related Employment and Support Allowance, Income Support and Guarantee Credit. Universal Credit has an income limit for this purpose.
• Income and capital. Otherwise the solicitor looks at your income, savings and property. The abuser's income isn't counted.
• The waiver. For domestic abuse injunctions the Legal Aid Agency can waive the usual upper limits on income and capital. You may be asked for a contribution, but working or owning a home doesn't automatically rule you out.

The case (the merits test)

The solicitor checks your application has a reasonable prospect of success and is worth bringing. For most people who need protection from abuse, this is satisfied.

Other family cases

For private family matters – child arrangements or finances on divorce – legal aid is usually only available with evidence of domestic abuse or child abuse, plus passing the means test. Accepted evidence includes:

• a non-molestation order, occupation order, DAPO or restraining order
• a conviction or police caution for a domestic abuse offence
• a letter from a GP, nurse, midwife or other health professional
• a letter from a domestic abuse service, IDVA or refuge
• a letter from social services
• evidence of an arrest or bail conditions
• an undertaking given to a court

There's no time limit on how old the evidence can be – so getting a non-molestation order can open the door to legal aid for later cases.

Finding a legal aid solicitor

• Search "Find a legal aid adviser" on GOV.UK for family and domestic abuse.
• Phone Civil Legal Advice on 0345 345 4 345 to check eligibility.
• Ask a local domestic abuse service – they often know which firms have space.

Some areas have very few legal aid family solicitors, so you may need to try several.

No legal aid, or need help faster?

You can apply yourself – there's no court fee and no solicitor is required. See applying without a solicitor.

That's where we come in: we draft your FL401, witness statement and C8 free from a simple questionnaire, which includes a quick legal aid check – if it looks like you may qualify, we'll tell you. Begin your free application.