At Winrow Solicitors, our Family Law team has extensive experience supporting clients
in cases involving domestic abuse in its many forms.
If you are considering family law proceedings, it is important to understand how
domestic abuse may affect the process. In this article, we explain:
- how domestic abuse can be relevant in family proceedings;
- the issues the court may take into account; and
- the key points you should be aware of before making an application.
How Domestic Abuse is Relevant in Family Proceedings
Firstly, it is important to note that domestic abuse is not limited to physical violence.
Under the Domestic Abuse Act 2021, the legal definition spans across psychological,
emotional, financial, sexual and controlling or coercive behaviour.
When you apply to the family court – whether for a Child Arrangements Order, a divorce
financial settlement or protective injunctions – Allegations or history of domestic abuse
change how the court handles your case. The Court’s primary duty is to ensure the
safety and wellbeing of any children or vulnerable parties, throughout the entire legal
process.
Special Measures in Court
If you are worried about facing your abuser in court, the family court can implement
special measures to protect you during hearings, these include:
- Separate waiting rooms.
- Screens in the courtroom so that you don’t have to see the other party.
- Entering and leaving the court building via separate entrances and exits.
- Giving evidence (if required) via a live video link from a different room or location.
It is also important to note that cross-examination by an alleged abuser in person
(instead of their legal representative if they have chosen not to instruct one) is legally
banned in UK family court proceedings; instead, a court-appointed legal representative
will ask the questions.
Issues the Court May Take into Account
When domestic abuse is raised as an issue, the court must follow Practice Direction
12J, which dictates exactly how Judges must deal with these allegations.
The court will look closely at several key factors:
- The nature and scale of the abuse: The Court will consider the specific types of
abuse suffered, how long it occurred for and its severity. - The impact on the Child: Even if a child did not suffer any physical harm, the
court recognises that witnessing or living in a home with domestic abuse
occurring can cause serious emotional and psychological harm to a child. - The Risk of Future Harm: The court assesses whether there is an ongoing risk to
your or the children if certain orders (like allowing direct contact) are made. - Fact Finding Hearings: If the allegations of abuse are disputed and could impact
the final outcome of the case, the court may fee mut necessary to order that a
‘Fact-Finding’ takes place. This is a separate ‘trial’ where the Judge listens to evidence from all sides to decide whether the alleged abuse occurred “on the balance of probabilities”.
Key Points Before Making an Application
Before you apply to the family court, there are vital procedural and safety elements that
you need to keep in mind, some of which we will list below:
- MIAM exemptions: Usually, anyone applying to the family court regarding
children or finances must first attend a Mediation Information & Assessment
Meeting. However, Domestic abuse is a valid exemption from having to attend
this. If you have evidence of abuse (such as police reports, medical records or
support letters from a domestic abuse charity/organisation) you do not have to
attempt mediation. - Gathering Evidence: While the Court can order a Fact-Finding hearing,
gathering any available evidence as early as possible can prove to be highly
beneficial. This evidence can include screenshots of text messages or e-mails,
photographs, police logs or statements from professionals that may be
supporting you. - Legal Aid Availability: Legal Aid is often available for individuals who have
suffered domestic abuse, provided that you meet the financial eligibility criteria
and can provide the required evidence of abuse.
A note on safety: Your safety is the ultimate priority. If you are in immediate danger,
always call 999, beyond the family court we can also assist you in applying for
emergency protective orders such as Non-Molestation Orders (to stop an abuser or
their associates from harassing or approaching you) or Occupation Orders (to
regulate who can live in the Family Home).
How Winrow Solicitors Can Help
Navigating family proceedings when domestic abuse is involved can be emotionally
draining and legally complex.
Our compassionate family law team is here to guide you through every step, ensuring
your voice is heard and your safety is protected.
Contact Winrow Solicitors today to speak confidently with a member of our
specialist family law team. Call us on 01286 872779 or email admin@winrowsolicitors.co.uk.
