What Entitles You to Legal Aid

You should choose a letter template that you think best suits your situation. Also think about the one that`s easiest to get – in terms of time and cost. For example, it may take a long time to get information from the police or court, but it should be free, while your GP may charge you for a letter. If you already have an employee who is a victim of domestic violence who can testify to you, this may be the fastest and cheapest (free) option for you. It may take some time to determine what evidence you can get, ask for it in the right place, and then present it to a lawyer. Be patient but persistent! Domestic violence in relationships (and among family members) is common. Domestic violence is a behaviour, usually by a partner or ex-partner (but also by a family member or caregiver), that is controlling, coercive, threatening, degrading or violent. It can affect anyone, regardless of your gender or sexuality. If your income is currently below the national average for the number of people in your household, you may be eligible for free legal aid.

Most legal aid clinics and pro bono lawyers (private lawyers who offer free legal aid) serve people whose household income is less than 125% of the government-recognized poverty line. The exceptions are Alaska and Hawaii, which have higher income thresholds. To be eligible for legal aid, you will generally need to pass both a resource test and a merit test. If you are eligible for legal aid, you will have to contribute to the full cost of the procedure. There are a limited number of exceptions to the obligation to contribute, including child care and domestic violence. The „Fees” section below lists the minimum and maximum contributions that can be made. Legal aid helps people who cannot afford legal advice or representation in court by a lawyer or lawyer. There are three different systems that provide legal aid to people who need legal advice and representation when a case goes to court. If you are refused legal aid, you can ask for the decision to be reviewed. Your lawyer is the best person to tell you if you could get free criminal legal help.

If the Board refuses to give you legal advice, you can appeal the decision. You can check your eligibility by estimating civil legal aid on the Scottish Legal Aid Board website. We cannot provide legal aid before a court other than the Court of Appeal for International Protection. Examples of tribunals include the labour court or a tenancy court established by the Residential Tenancies Board. We cannot provide legal aid for cases before district courts covered by the Small Claims Procedure (often informally referred to as „Small Claims Court”). In general, legal aid is provided by lawyers employed by the Commission in its legal centres. However, legal aid may also be granted by independent counsel by a group of lawyers appointed by the Commission. This applies in particular to family law issues and international protection cases. Although most types of criminal cases are excluded from civil counselling, legal advice can be provided to an alleged victim of a sexual offence, rape or trafficking in human beings. If the lawyer you contact tells you that your legal problem is not covered by legal aid, it is worth seeking the advice of another lawyer. The rules on what lawyers can and cannot advise in legal aid are really very complicated and there is therefore a risk that you will receive incorrect advice. Therefore, it is really important that you talk to a lawyer who specializes in the particular problem you need help with.

When the legal services are completed, you will be notified in writing. All original documents will be returned to you and your file will be closed. After a few years, closed files are destroyed in accordance with the guidelines of the Legal Aid Commission. You can reapply at any time for legal services for related or other matters. If you are considering applying for legal services, you may wish to read some of the Committee`s other information brochures, including how to apply for legal services and financial eligibility criteria. If the case can only be resolved through legal proceedings and the case cannot be covered by ABWOR, the lawyer may suggest that you apply for legal aid in civil cases (see section on civil legal aid) or legal aid (see under Legal aid for criminal proceedings). If you are a victim of domestic violence, you may be able to get help with your legal fees to protect yourself and your children. The decision to grant you legal aid is made by the legal aid organization. If you have to pay contributions to the costs of your case, you must pay them to your lawyer. For more information on what you may have to pay, see a brochure entitled `Civil legal aid – information for applicants`, available on the Scottish Legal Aid Board website. There are minimum contributions that must be paid, except in cases of extreme hardship.

However, the contribution you have to make depends on your disposable income for legal advice and your disposable income and capital for legal aid. No contribution is required in cases of childcare and domestic violence, but you must still respect the limits of income and available capital. The Court of Justice has the power to grant free legal aid and is only available to a person accused of a criminal offence. Legal aid cannot be applied to persons bringing private proceedings. The court`s decision to grant legal aid depends on your financial situation. The Court will have to agree that it is in the interests of justice that you receive legal aid for your case. Some university law schools offer free legal aid clinics to people living in the local community. Advice is provided by law students, supervised by qualified lawyers. The relevant period is the year following your application. The board will try to estimate your disposable income for that year.

It may be necessary to factor in your income for the past year to do this. There are some things that we do not give legal advice on. We may also provide links, information and references to other organizations. Legal matters on which we do not provide advice include: Legal aid is available to children or adults who require advice or representation at a children`s hearing or court orders at a children`s hearing. This type of legal aid differs from legal aid in civil matters and has its own rules. For more information on legal aid in relation to hearings involving children, visit the Scottish Legal Aid Board website. A lawyer needs information about your problem, your financial situation, and the abuse you have suffered at the hands of the other person involved before they can decide whether to seek legal help with their help.