Domestic abuse — the legal aid gateway, step by step

REVIEWED BY: Sean McNamara on 2026-08-28

What the "gateway" is

Family legal aid is normally excluded for most private children/finance cases — but where domestic abuse is established, the domestic abuse evidence gateway reopens funding for cases about children and for advice/representation on protective orders. It is statutory (regulation) and the single most important funding key for a survivor.

Qualifying evidence — what the gateway accepts

The Legal Aid Agency accepts one or more of a finite list of proofs. The most common:

A conviction/caution or police crime reference for the abuse
Undertaking/promise given to the court as part of a family case
A non-molestation order or occupation order made (FL401) — *powerfully accepted*
A finding of fact in family proceedings that abuse occurred
A protective order under other statutes (e.g. a police DVPO)
A Cafcass safeguarding letter confirming concern
Confirmation from a domestic-abuse refuge or specialist service (e.g. Women's Aid/IDVA)
Medical evidence (signed by a professional)
A referral letter from a professional (GP, health visitor, social worker)

The evidence must relate to you (the applicant) and be recent enough (rules set time windows, often 2 years / evidence dated within the qualifying period — check the current regs).

How to apply

1. Complete the legal aid application (online via gov.uk or a provider's portal) 2. Choose "domestic abuse evidence gateway" as the route 3. Upload the qualifying evidence — a CAFCASS letter, the FL401 order, police reference, or refuge confirmation 4. The provider/LAA checks the evidence against the gateway criteria 5. If accepted, you get a legal aid certificate covering the specified family matter(s)

Time limits & detail

Evidence and applications are time-sensitive — gather your proof first before ticking routes
If your evidence isn't on the accepted list or is out of date, ask the provider — you may be able to supply fresh evidence (a current FL401, a new police report)

The means test

Even through the gateway, you still face a means test (income/capital thresholds). But note:

Injunctions/FL401-specific protective work has its own, usually more generous, funding
If you have very low income you'll pass; if on certain benefits you're auto-eligible
The merits test is easier via the gateway (domestic abuse is presumed to create merit)

What legal aid then covers

Once gated, you can be funded for: private-law children proceedings (child arrangements), advice and representation on the FL401 application, and related family advice. It does not automatically fund divorce/financial remedy if abuse is not the basis (financial cases rarely qualify even for gated applicants).

Official links

Legal aid eligibility: https://www.gov.uk/legal-aid/eligibility
Domestic abuse evidence gateway: https://www.gov.uk/legal-aid (guidance on qualifying evidence)
LAA family guidance: https://www.gov.uk/government/organisations/legal-aid-agency

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with the LAA or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.