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Domestic Violence &...
 
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[Solved] Domestic Violence & Legal Aid


Posts: 46
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Topic starter
(@raggoo)
Trusted Member
Joined: 12 years ago

Morning All,

My ex was awarded LA as there was a 'history of DV' - we had an argument in the home & i broke a door.
I was given a 12 month conditional dicharge for criminal damage, which expires mid December of this year. (I've no other dealings with the police).
I understand that throughout the proceedings she will get LA, something i've had to learn to accept.
However, she is very much the sort of person i'd imagine who would break an order further down the line.
My question is, if it went back to court would she get LA again? I thought i read somewhere the other day that it had to be applied for whilst a conviction or sentence was still 'active'. Thus meaning that if she applied for LA say next summer if anything went back to court, would she be denied LA?

I hope the above sounds simple enough?

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

You might get clarification here

www.justice.gov.uk/legal-aid-for-private-family-matters/legal-aid-divorcing-separating-abusive-partner

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(@raggoo)
Joined: 12 years ago

Trusted Member
Posts: 46

Thanks NJ that is where i read it too.
'If your ex-partner has a criminal conviction in the UK for a domestic violence offence against you, this will count as evidence. It will not count if the conviction is ‘spent’. '
My convitction is 'spent' mid Dec, so i presume that she would get LA for the remainder of the proceedings?
Further directions are dated for the first week of Dec.
But for a separate case say next year she wouldnt'?

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