Woman’s testimony: Kate* reflects on the importance of legal aid for women affected by domestic violence.
When I broke up with my husband, I was extremely vulnerable after years of physical, emotional and financial abuse. In the end, I attempted suicide and I was hospitalised, but our relationship only ended after he punched my son. I had just had a new baby and as I was self-employed and not in a position to work, I had no independent income. I was penniless when my husband left and as I had never stepped inside a social welfare office or a court room, I was totally at a loss to how I would access the supports my family needed.
I had a mortgage and two children to support and I had no idea how to go to court to get maintenance and I had no money to hire a solicitor. I went to the Legal Aid Board and was lucky enough to get a certificate and I was referred to a private practitioner for my first case seeking maintenance.
This support was a crucial step for rebuilding my life with my children. I was terrified entering a court room for the first time and I would not have been in a position to present my case to ensure we got the maintenance we needed. The solicitor who represented me was used to dealing with complex cases and was empathetic but realistic and presented the facts clearly to the judge.
That day, when I was awarded maintenance was momentous and a turning point. I had been told by my ex if we split up, I would be left with nothing and he would never give a penny. The day the judge awarded maintenance was more than just about the money (although that was essential), it was also proof that the empty threats that held me captive, were just that empty threats.
Getting the award was not the end of my problems, as my ex continuously defaulted on the order, but having support for my first experience in court, helped me prepare for my long battle afterwards. I spent five years in and out of court for maintenance enforcement and eventually my divorce. In the end, I did represent myself in court as a lay litigant, but only when I felt strong enough and had become familiar with the courts.
Had I not had access to timely legal aid when we split up, I don't think I would be here now. In order to get One Parent Family Payment, I had to go to court to get maintenance, and I would not have been able to do this the first time, without the support of a solicitor. Without maintenance, I could not have paid the mortgage. I was already extremely vulnerable and additional threats about repossession orders would have been too much. There is a real fear that I would have been left homeless and penniless.
I cannot bear to think that there are families out there being left without this support at the most vulnerable time of their lives. I am back working and contributing to society, my son is in his final year in university and my daughter is in school. All families deserve this support and a short term small saving could lead to long term disastrous effects for families.
* Not her real name.