What Actually is Legal Aid?
Legal aid is a nationwide term that encompasses various private, non-profit organizations that provide legal services. These serve the interests and welfare through legal means of all individuals who would otherwise not be able to afford private legal services. The purpose and range of legal aid organization varies, but legal aid organizations may also provide educational information, pro-bono work, and low-cost representation.
Legal aid organizations do the most good when they represent the most vulnerable in society. There are various requirements for securing the assistance of a legal aid organization, and these requirements vary from organization to organization. Some legal aid organizations focus on low-income individuals only, while others operate on varying income scales. Some will require a legal interview , while others require an application. The most common requirement, however, is the inability to pay for legal services of any kind.
The cost of a divorce and the vast amount of information needed to prepare a free divorce carry many costs in and of itself. Finding, completing, and filing forms, what forms to use, visitation; without the help of a lawyer or legal aid organization, the divorce process can be oftentimes be overwhelming.
Those that do qualify for the assistance of a legal aid organization will find the challenge of preparing their case to be of minimal difficulty. Many services provided by legal aid organizations do require some minimal fees for the preparation of documents, but those fees pale in comparison to the cost of retaining legal counsel.
The Services Offered by Legal Aid in Stark County
Legal Aid of Western Ohio (LAW Offices) provides legal advice and representation to low-income residents of Stark County. This organization serves adults and children in many types of legal matters.
Family law: LAW Offices provides legal assistance concerning family law issues, including divorce, dissolution, custody, visitation, support and domestic violence. These cases range from maritial separation to problems with adolescent children; however, all involve possibly the most important aspect of any individual’s life—his or her own family.
Housing: In addition to providing assistance for family law matters that are housing-related, LAW Offices can provide legal help to those facing illegal eviction or unsafe housing conditions. Housing conditions such as unsafe living environments and eviction can constitute emergency matters that require immediate attention by an attorney.
Consumer: LAW Offices can assist in the representation of those in consumer-related legal matters. These involve issues of bankruptcy and collections. Those who are facing either stressful scenario will find relief through the advocacy of LAW Offices.
Crime victims: There are a variety of legal issues involving victims of crime. Issues such as crime victim compensation and restitution can be addressed by legal advocates.
Eligibility Requirements for Legal Aid
Stark County Legal Aid provides services to low-income residents of Stark County who qualify under means tests. Potential clients must be:
• residents of Stark County or a resident of Ohio whose legal issue occurred in Stark County
• seeking legal assistance for a civil (not criminal) case
• income-qualified under the Legal Aid means tests. Legal Aid serves clients in a variety of practice areas, including the following:
• Family law
• Consumer
• Criminal records expungement
• Bankruptcy
• Housing, including eviction and homelessness
• Conservatorships
• Power of attorney and health care proxy
• Public benefits
• Immigration and naturalization
• Estate Planning
• Wills
• Gas, oil and mineral rights
• Guardianships
Legal aid will not assist clients facing imminent eviction or foreclosure; Legal Aid partners with other agencies such as Canton Housing Services and Community Legal Aid Services to better serve clients.
How to Secure Legal Aid
To get legal aid in Stark County, applicants must qualify by meeting income and asset guidelines. If you are applying for legal aid due to a specific emergency, please tell the hotline staff about that, as there is a way to expedite that process. Legal aid may not be provided in cases where the need is for divorce or custody matters that are based entirely on religious grounds. Applicants are asked to provide information about their income and any special circumstances that might be affecting their situation. The information gathered during the interview process helps staff appropriately assign the case to an attorney and legal intern from the legal aid office. The process is confidential. The intake representative will ask the following questions:
• Names and contact information for parents and children involved
• Current residence of family members
• Work addresses of parents
• If eligible for WIC or food stamps
• Current orders of protection from the common pleas court
• Nature of legal issue
• Income of children 16 years of age and older
• Social Security cards, including copies of cards in case files of other family members
• Amount of child support received for all children
• Amount of rent or house payment
• Amount of mortgage or loan payment
• Mortgage or loan balance
• Amount of monthly health insurance premiums for children
• Whether Parent A is disabled, and if so, how long and what benefits are received
• If Parent B receives maintenance for a disability, how long, what benefits are received
• Average monthly expenses for needs such as food, clothing, transportation, health care, utility bills, and insurance
• Average monthly support payments which have been paid or received
• Amounts of support owed
• Income of parent A (total gross income)
• Income of parent B (total gross income)
• Proof of income earned by parent A such as pay stubs, bi-weekly pay stubs, income tax returns, or letters from employers confirming amount received within the previous 6 months
• Proof of income earned by parent B such as pay stubs, bi-weekly pay stubs, income tax returns, or letters from employers confirming amount received within the previous 6 months
• If parent A receives social security or disability payments, verification from the Social Security Administration or benefits manager of payment amounts.
• If parent B receives social security or disability payments, verification from the Social Security Administration or benefits manager of payment amounts.
• If Parent A receives unemployment compensation, verification from Unemployment compensation office of payment amounts.
• If Parent B receives unemployment compensation, verification from Unemployment compensation office of payment amounts.
• If Parent A is retired, verification of retirement from employer or benefits statement.
• If Parent B is retired, verification of retirement from employer or benefits statement.
• If Parent A is self-employed, verification of income from business records and/or tax returns.
• If parent B is self-employed, verification of income from business records and/or tax returns.
• Amount of bank account(s), credit union accounts, IRAs, Keogh plans, 401K plans, trust accounts, and amounts in cash
• Sources and value of vehicles owned by both parents (car owned jointly, car owned by one of the parents, bike, snow mobile, van, truck, motorcycle, moped, motor home, etc.).
• Estimated value of home and equity in home
The intake form cannot be submitted online but if the information requested is not available, then the applicant should make a note or comments section on the form to indicate that the information is not available.
Difficulties in Attaining Legal Aid
Despite the good intentions of the legal aid system in Ohio, there are challenges to accessing legal aid. One common challenge is delays. Courts of appeal are frequently overworked. It can take months for an appeal to be decided or for a brief to be reviewed. In addition, there are challengers with the limited resources available for the legal aid system. Due to budget cuts , government grants, and stagnant funding, legal aid offices may be stretched thin. There simply may not be sufficient people to help with the cases that are coming in. Geographic and funding constraints are also problematic. Some areas of the state are better funded than others. Some counties have more legal aid attorneys than others. This makes achieving equal access much harder.
Stark County Legal Aid Success Stories
Over the years, Stark County Legal Aid has helped countless individuals and families resolve their legal issues. Here are just a few of their success stories: Maria came to Stark County Legal Aid seeking help for domestic violence. After her initial appointment with an attorney, she discovered that she was eligible for temporary orders of protection based on her prior history of abuse with her husband. Stark County Legal Aid was able to provide a trial lawyer who worked with Maria and represented her in the case. As a result, Maria was able to obtain custody of her children and keep them out of the harmful environment created by her abuser. She was able to stay in her apartment, which allowed her to pursue her job, her education and treatment. In another case, Steele, a single father, came to Stark County Legal Aid for help. His son had been diagnosed with autism, and his previous child support order did not factor in the additional cost of supporting a child with special needs. Stark County Legal Aid was able to help Steele in court, where a new, appropriate child support order was entered and Steele was able to provide his son with the resources and assistance he needed to live a safe, happy life. Finally, Marjorie, the mother of a minor child, was faced with a complicated garnishment situation that could cost her thousands of dollars in wages. Stark County Legal Aid discovered that this was actually an invalid garnishment order and was able to successfully defend Marjorie against the attempts of her former spouse to siphon money from her wages.
Assistance Efforts: Legal Aid
The local legal community and interested individuals can play a significant role in expanding access to legal aid services in Stark County. A growing number of initiatives are available for individuals and organizations to volunteer, donate, and otherwise contribute to the cause.
Volunteering is one of the most immediate ways to aid local legal aid efforts. Organizations such as the Pro Bono Board provide opportunities for those willing to dedicate their time and legal training. Whether you have a few hours or several days, whether you are capable of addressing complex cases or more minor issues, there is an opportunity for you.
Donations are equally important to the success of legal aid in Stark County. If you would prefer to contribute monetarily, you can donate directly to local legal aid organizations. By donating to a local legal aid organization, you are contributing to the training of legal interns and externs, the launch of limited legal assistance clinics, and an assortment of pro bono programs—all crucial to expanding legal aid access . However, your contributions do not have to be monetary. You might also have excess office furniture, legal supplies, or research tools you could donate to a nonprofit legal aid organization.
Additionally, the Stark County legal community initiated a substantial, multi-year effort to expand legal aid accessibility. Named "Access to Justice in Stark County," this collaboration between the Stark County Legal Aid Society, the Stark County Bar Association, the Stark County Prosecuting Attorney, the Stark County Clerk of Courts, the Stark County Domestic Relations Court, the Stark County Common Pleas Court, the Stark County Public Defender’s Office, the Akron Bar Association, the Ohio Supreme Court Legal Aid Society of Socrates, Pro Seniors, Inc., Community Legal Aid, Inc., the Canton City Law Director’s Office, and the Stark County Law Library, will bring legal aid assistance to 16 Stark County sites.