Our House

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Women are not able to often be entitled to legal aid, because it is equity in real estate, so that you>co-own with their ex-partners

A Woman is a challenge, rules that robbed her of her litigation costs to protect help for the action of your former partner.

"Claire", will receive universal credit But not the legal aid, because there is justice in the family she has with her ex-partner.

About one in five women who say Domestic Violence is no process, do not suffer receive aid, because you can access them as "Capital " - Even when they are - the Lawyers .

A review of these rules, the government Promised , is Not Yet complete.

Claire, who does not use her real name, lives with her Two Children in the family, which she has co-with your ex-partner.

she says that he's received for her physical, emotional and psychological abuse, so she went to court, a non-abuse to prevent abuse and employment, in order to remove him from The House .

However, although she receives universal credit, she was Not Entitled to legal aid, because it possesses some of the equity in the home.

'Caught'

Claire can't sell The House , because that would make her and her children homeless, i.e. her equity is "trapped".

In any case, whether The House is subject to should be sold, Even a process for which you need legal help.

you can not borrow against their value, because they would require your ex-partner's consent.

"My ex-partner has all The Money , controls all The Money . I have yet to see any of it. He must be all, because the mortgage is a common. He would not agree to anything.

"the sale would also mean that I and my children were homeless. So We Are fighting basically for our safety, and we would be made homeless because we were forced to sell to get our in-house legal support and advice," she told the Bbc News .

Claire had no choice But to represent themselves In Court .

she describes The Experience as "horrible, because I had to speak for myself".

"I was in a really difficult situation. I had to speak out against his barrister, who was a top lawyer. He was able to afford a lawyer and I couldn't. "

Despite that, she managed the non-molestation and occupation orders.

'I vomited In Court '

Claire returned to court for a second hearing four weeks later, But This Time it was her ex.

"It was the First Time that I saw him, he would be removed from the home. So I knew he was extremely angry. I was horrified and I have no legal advice or assistance. When I Heard his voice it made me physically vomit In Court .

"The Judge told him to leave his attorney, you have Some People who Help Me to get rid of the vomiting and you Give Me a drink of Water . "

Claire is a challenge, The Rules of The High Court

Claire has to legal aid for Proceedings about arrangements for your children, and to respond, in order to force your ex the application, a sale of their home.

your request for Aid Agency was rejected by the Legal, and is contesting the decision of The High Court.

you will be supported by the rights group the Public Law project (PLP), the opposition and injustice in The Department for work and pensions without taking into account the equity in a primary residence in the calculation of benefits, while the legal aid Agency costs are not taken into account for the assessment of the suitability for the legal aid costs.

"It means that the same person can be destitute enough to Universal credit, But not destitute enough, Even if you are the victim of Domestic Violence to legal aid and to protect them from their perpetrators," says PLP attorney Katy Watt, who Claire represents.

Ms Watt also points from such investments is often "dead" victims of Domestic Violence , in that, "Even if you have equity on paper, this trapped Capital . They often have no way to access them. The sale involves getting the permission of the person who have been abused".

The Promised review

In the year of 2012 is the legal aid, sentencing and punishment of offenders Act (LASPO) made major cuts to legal aid in England and Wales, remove from many areas of civil and Family Law from its scope.

The only way to get legal aid for a private Family Law matter, if a person is a victim of Domestic Violence - But this is still subject to a means test of income and Capital .

In February 2019, the Ministry of justice Promised to review the conduct of a review "the effectiveness of protecting the means-testing arrangements to be appropriate, access to justice, particularly in relation to those who are vulnerable".

The review would include the Promised views of the Capital thresholds of victims of Domestic Violence , the MoJ.

attorneys argue that The Rules restrict the access of women to justice

The review is Not Yet completed 15 months later.

"Unfortunately, I Am sure that cases like Claire says, each individual day," her lawyer, Jenny Beck , whose company Beck Fitzgerald is working "pro bono" for you.

"The current rules mean that one in five women about the benefits and suffering from abuse of process to receive aid, and is the face of the terrible task that.

"The judiciary should be accessible to all, and this undermines both access to justice and the rule of law. "

Many family Lawyers believe that the incidence of Domestic Violence and deaths resulting from them, to rise during the lockout, The Need for non-means tested legal aid for the victims is urgent and overwhelming.

The process costs, says aid Agency, it does not comment on the current procedure can.

domestic abuse, legal aid

Source of news: bbc.com