Legal Aid 101
Legal aid refers to free or reduced fee legal services that are provided to those who cannot afford them. The approach allows residents of the area to represent themselves in court, legal negotiations, legal red tape and more while knowing they have the backing of professional legal representatives. From protecting your legal right to governance and property to helping navigate complex family issues and criminal charges, these organizations exist to ensure that low-income individuals can receive quality representation in their legal matters. In Virginia, the state provides free legal aid for low-income individuals in civil matters . Civil issues include landlord/tenant conflicts, creditor/debtor issues, domestic violence, public benefits access and child custody. Dedicating 240,000 hours a year to helping more than 100,000 Virginians, the Virginia legal aid system strives to provide everyone with access to legal counsel in the case of civil matters regardless of income. As a homeowner, local citizen, landlord, tenant or business owner in an area of Portsmouth, VA, you may face exclusive legal matters that could put you at risk of financial loss and personal injury. Legal aid helps to place assets, rights and responsibilities more equitably among all people. It acts as a stabilizing mechanism in the system to ensure justice for all.
Who Qualifies for Legal Aid Services in Portsmouth
Gaining access to a legal aid lawyer in Portsmouth depends on a variety of factors. The most significant of these are the income and asset guidelines set by the Legal Services Corporation. Income limits fluctuate with household sizes and are updated annually, with the most recent figures showing 125 percent and 200 percent of the federal poverty level as the standard guidelines. For example, the data for the 2019 fiscal year shows households of five people must have annual incomes of no more than $30,375 for 125 percent eligibility and $48,300 for 200 percent. As a point of reference, the Department of Housing and Urban Development designates that amount as "low income," which is a rating used for public housing assistance.
The maximum liquid assets an applicant can have are also determined at the federal level. For fiscal year 2019, that amount is $12,850 for one person, with an additional $1,045 for each additional household member. Liquid assets include cash and cash-like accounts such as checking and savings accounts. Legal services staff can examine all other property and items, with the exception of a primary residence, for his or her value, so a house that swallows a person’s entire net worth would not disqualify him or her from getting help. In addition, immediate family members’ assets won’t be counted in determining eligibility.
Legal Aid Cases Covered by Portsmouth
Legal aid services in Portsmouth, as well as in other cities, generally assist with a variety of different legal cases that are most common among low-income individuals and those in poverty. The most common categories of cases include family law, housing, immigration, domestic violence and public benefits.
Family Law
Legal aid often offers resources such as representation and legal advice for family law issues. This can include divorce, child custody, visitation, child support, guardianship, spousal support, termination of parental rights, adoption, paternity, mediation and domestic relations matters.
Housing
Housing-related cases that might be considered by legal aid include rent through housing associations; housing discrimination; landlord-tenant cases; housing contracts; mortgage foreclosures; evictions; and code enforcement for housing.
Immigration
Legal aid agencies are limited in the services they can provide with regard to immigration. They cannot offer visas or advice about applying for visas and do not generally handle citizenship cases. However, they may be able to help with certain tasks, such as:
Domestic Violence
Legal aid can also help victims of domestic violence. Support these agencies might provide includes safety planning strategies, information about courts and assistance with filing protective orders, finding community resources, custody orders, divorce and child support.
Public Benefits
Legal aid may also offer representation and assistance regarding public benefits. This includes Temporary Assistance to Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income (SSI), Social Security Disability Insurance (SDDI) and Medicaid as well as related programs.
Other services that might be offered vary by agency, but common sources of help are elder law services, veterans’ services, tax assistance and wills and estates.
Applying for Legal Aid in Portsmouth
When you need legal aid services in Portsmouth, VA, the process for obtaining help is a bit different than that of a private attorney. Aside from the fact that the hour’s chargeable are significantly lower, they also don’t require the same level of due diligence. This isn’t to say that there is no due diligence; it just doesn’t come with the same cost involved.
To receive legal aid services in Portsmouth, VA, you must qualify for financial assistance, most commonly known as low-income legal services. This means that your income can’t be more than a specified percent of the federal poverty guidelines. For example, for a one-person household, your income can’t be more than $12,140 annually. This number goes up for each additional household member from there, but no matter who you are, your income can’t be more than 125% of the poverty guidelines. If it is, you’re not eligible for free legal aid services.
Provided that you do qualify financially, however, you have to go through a few simple steps and provide some basic information before services can be rendered. You’ll begin by either applying online or visiting a local office in-person. Both methods require you to fill out an application and then have an interview, which will provide the information necessary to evaluate your case and determine if it’s eligible for services.
Your online application will go through a series of questions to help the legal aid organization determine your eligibility, but an in-person visit to the local office will likely be a bit more tedious. Regardless of where you apply for legal aid services in Portsmouth, VA, these questions will include:
First, you’ll receive a call to let you know whether or not you qualify for legal aid. If you do, the next step is for you to attend the intake interview. At this meeting, you’ll be asked many more questions and the attorney or representative will determine if there’s a case and if so, will set up a time to meet with you again.
The purpose of the intake interview is to help them gauge if you really need legal aid services in Portsmouth, VA, or if there’s a better way for you to receive services. About 90% of people who need a divorce, for example, don’t need the help of an attorney, just the forms to file on their own.
After the intake interview, you may still need to fill out some paperwork or provide documentation. All of this will be done at that second meeting, sometimes with a third meeting involved. In addition to speaking with your attorney about your case, you may also be interviewed by someone within the non-profit organization about their protocols and to get a better idea of the range of services available to you.
This entire process may seem pretty in-depth and intimidating but it’s more straightforward than it sounds. Your lawyer will take care of most of the work for you and the questions aren’t necessarily meant to trick you; they work directly with the courts to assist with many problems that don’t require a lot of legal experience to navigate.
Portsmouth Legal Aid Resources
Portsmouth Residents can find alternative legal aid services through two organizations that assist individuals who are low to moderate income, elderly, disabled or living with medical conditions.
Legal Aid Society of Eastern Virginia, Inc. (LASEVA):
Website: www.laseva.org
Address: 125 St. Paul’s Blvd., Suite 100, Norfolk, VA 23510
Email: [email protected]
Phone: 757-622-7034
The Legal Aid Society of Eastern Virginia (LASEVA) is a nonprofit public interest law firm dedicated to assisting qualifying individuals with civil legal issues, including family and domestic relations, landlord/tenant, consumer, discrimination issues, housing and estate planning/probate. LASEVA does not assist with criminal issues or personal injury claims. LASEVA also provides special programs such as the Beyond Our Walls program , which provides an Attorney of the Day at two Norfolk District Courts, and the Guardian Ad Litem program, which provides representation for children in abuse and neglect proceedings.
Landlord Tenant Coalition of South Hampton Roads:
Website: limitsfund.org
Phone: 757-463-1682
The Landlord Tenant Coalition of South Hampton Roads was formed in 1990 and has its roots as the Pro Bono Legal Services of South Hampton Roads Landlord Tenant Program, which launched in conjunction with the Housing Resource Center of Norfolk (now known as the Housing Crisis Task Force). The Coalition assists organizations in Norfolk, Portsmouth and Suffolk with training on landlord/tenant related issues and works to educate tenants about the eviction process and tenant rights.
Other Options Besides Legal Aid
Aside from legal aid services, there are other alternatives for individuals or families with a legal issue in Portsmouth and surrounding areas.
For example, there are volunteer-based pro bono services that are offered through the Legal Aid Society of Eastern Virginia. Several local firms in the area are enrolled in a volunteer system called www.VLAP.org, where those with a legal issue outside of the ability or qualifications for legal aid can get help. Volunteer lawyers in these systems can help with family law matters.
Another option is the sliding scale fees provided by several Portsmouth law firms. Some lawyers offer services on a sliding scale fee based on the income of the person seeking representation in order to make legal assistance more affordable.
Several law schools in the Tidewater area also have law clinics that help those in need of legal aid services. At Old Dominion University, for example, the law school law clinic provides legal advice backed by staff attorneys, law students under supervision, and volunteer lawyers. The campus houses a civil and family law clinic as well as a community rental project clinic. The Norfolk campus of Regent University has law programs for those who do not have greater income and need legal aid services at a reduced fee. Virginian Lawyers Service Inc., which is in nearby Norfolk, Virginia, also provides low-cost legal assistance through local attorneys who will accept brief legal matters for a relatively low one-time fee.
A local referral helpline can help make connections between those in need of legal aid services in Portsmouth and the service or organization that can provide the needed help. From finding a lawyer to getting a referral to legal aid services, a referral service can help those living in Portsmouth stay aware of all of their options.
Legal Aid FAQs
Frequently Asked Questions about Legal Aid in Portsmouth, VA
Does legal aid assist with criminal matters?
Legal aid generally does not provide assistance with criminal cases. However, individuals facing criminal charges may qualify for free legal services from a public defendant. To qualify, the accused must have limited income and assets.
How do I apply for legal aid assistance?
The process for obtaining legal aid in Portsmouth, VA begins with an application to legal aid society. Application methods vary by location, but most will require you to make an appointment to meet with an intake worker. During your appointment, you’ll answer basic questions about your financial status and the type of legal issues you’re facing.
What happens after I apply for legal aid assistance?
Once you’ve been approved for legal aid, you’ll receive a referral to a legal aid attorney. Basic legal advice will generally be offered , along with information on how to handle your situation. In some cases, you may be referred to a legal clinic, or even provided with representation.
How long does the application process take?
The legal aid application process is often completed within a few days, although it can take some time to receive an attorney referral.
I don’t think I can afford a private attorney. Is getting legal aid my only option?
No, there are other options for those who need legal help but cannot afford a private attorney. For instance, many of the local bar associations in Virginia hold legal clinics routinely. These events offer opportunities to speak with an attorney about your situation and ask questions.
Legal aid societies and clinics handle many volunteer opportunities for local attorneys. Typically, attorneys donate their time to help individuals with minimal incomes who are facing basic legal challenges.