Morning all found out today she’s been granted legal aid and there is non molestation order against me..would I be able to get legal aid to fight the so called non molestation order..obviously citizens advice original haven’t helped cause solicitors they got to contact me were all money money money when citizens advice I had informed low income benefits so now just feel like nothing I can do to refute the allegations made against me
Hi, the laws changed in 2013 so you won't be able to get Legal Aid.
It's only granted in exceptional circumstances hence the increase in applications for Non-Mol Orders since that time. I know it seems horrendously unfair, but that's how it is now.
You can check your home contents insurance policy to see if you have legal cover.
You can contact your local CAB to see if they can put you in touch with anyone who does pro-bono.
Most solicitors will offer 30 free mins advice to set you on the right path.
You can call Child Law Advice for help - https://childlawadvice.org.uk/clas/contact-child-law-advice/
Some local uni's hold law clinics run by students
You can try to find your local Families Need Fathers branch.
Hi there
In case no one has told you, you can self represent and refute the allegations against you without a solicitor if you cannot afford one. Unfortunately you will not be eligible for legal aid.
You will need to address each allegation with a response and potentially some evidence ideally to explain your point of view.
You can look up pro bono solicitors or see if you local University has a legal dept that offers free legal advice could be another avenue.
Things to consider are do you have a police case against you? Do you have kids? Answers to these questions will influence your approach and responses.
Thanks
my ex has been able to get legal aid and a non-molestation order has never been used against me. she doesn't work and gets benefits
2 children and police have been informed spoke to them today and was told it’s not high risk can call back Wednesday when officer dealing with it is back in..the so called incident was on 3/2/2021 so seems long time that haven’t been contacted by police and I’m the one making the calls to engage
Have you been charged? Are you on bail? Or have you been released under investigation?
Haven’t been charged not on bail I just have to call police station on Wednesday to talk with officer that dealing with the so called allegation ..had no dealings with the police apart from last Wednesday about sending emails but she stated to wife I’m only trying to contact about the kids
Ok, that's all positive. If you were charged or on bail you would have to change approach to ensure family court does not jeapordise criminal court stuff but you don't have to worry about this yet.
As you have kids, self representing and responding to the allegations will be important. If you end up with a non mol it will make seeing the kids difficult. Even an undertaking..
Consider seeing solicitor for the free 30 mins and get some advice.. Unfortunately it is not an easy thing to deal with without legal support but it is possible..
So the c100 I filed was waste time even though it roughly done around same time as her non mol application...so undertaking won’t help either when all I want is to see the kids video calls..the allegations are lies and seems like getting no help just deal with it and be lucky if have contact
Well it all depends.. Its not a waste of time if you refute the allegations and are successful..
On the non mol did your ex provide a statement? Can you refute? Does she have evidence? Do you?
You should be able to secure indirect access such as video calls if your children are old enough to use a tablet and Skype and depends on the level of allegations eg are you being accused of harming the kids (even indirectly in that the kids witnessed things) etc...
Alternatively do you have any mutual friends who could facilate contact in the meantime? Or your friends/parents/family, willing to facilitate contact that your ex would agree to?
There are lots of things to consider...
Evidence would be her writing something down on paper cause it’s all malicious lies..she wanted to go back to area she was original from marriage wasn’t great and the so called incident was discipline issue around 9 year old that she’s going off which is the most hurtful thing as what happened was pathetic...I can refute all allegations my concern is the parental alienation that she is using against me..in 5 years togeather had no police social involvement she’s just taken this route to get rehoused in area she gone back too and get legal aid woman is spiteful