For many people, attending court can be an upsetting and traumatic process. The court procedures can feel overwhelming and difficult to grasp. Court appearances can be particularly challenging for those who have suffered domestic abuse, especially when the issues involve financial claims and children disputes. For victims, the prospect of having to face their abuser in court is daunting and even more so when they could be cross-examined by the perpetrator.
Unlike the criminal courts, victims of domestic abuse appearing in the family courts have not been afforded special measures to prevent the abuser from cross-examining them. Unfortunately, in many cases, perpetrators of domestic abuse have exploited court hearings as a means to continue their abuse and exert control over their victims. Occasionally, where an abuser is not represented, the judge will insist on carrying out the cross examination of the victim themselves.
However, by virtue of the Domestic Abuse Act 2021, the courts can now appoint legal professionals such as barristers, solicitors and legal executives to carry out cross-examination in place of a litigant in person. The new act prohibits parties from cross-examining each other where there is evidence that domestic abuse has taken place. In order for a legal professional to be appointed to carry out cross-examination, they must register directly with the Ministry of Justice as a ‘Qualified Legal Representative’. The Ministry of Justice reports that hundreds of lawyers have already pledged their support and registered.
This critical change will have a positive impact for victims of domestic abuse and minimise the likelihood of them being re-traumatised by their court experiences. Act is designed to empower more victims of domestic abuse to have the confidence to report their experiences, safe in the knowledge that the state will do everything in its power to support them and pursue the abuser.
By removing the opportunity for perpetrators of domestic abuse to cross-examine victims, the act has gone some way towards removing barriers deterring victims of domestic abuse from coming forward. The new system will hopefully enable victims of domestic abuse to achieve fairer outcomes and avoid circumstances where they feel covertly pressured into agreeing to various financial and family orders which they might otherwise object to due to the presence of the abuser. Domestic abuse victims will also be supported through the court process with the option of screens and separate court entrances to minimise distress and enable them to provide their best evidence.
How can Duncan Lewis Solicitors help you?
If you have suffered domestic abuse and require assistance with your family and children matters, please do contact us. Our team is empathetic and understanding, and appreciates that many clients are going through an extremely difficult time when they contact Duncan Lewis. We can help to provide the necessary support to help guide you through what can be a daunting process. Duncan Lewis offers a dedicated confidential legal helpline for domestic abuse victims– and can advise on taking legal action to prevent further harm. Many victims of domestic abuse are entitled to legal aid. Our team can quickly ascertain if you are eligible, and if so, advise and assist you to secure funding.
Our Family Law team comprises more than 150 specialists that represent victims of domestic abuse nationwide from 12 key offices across London and throughout England and Wales. The team is ranked for its specialism UK-wide by the 2022 edition of the independent legal directory, The Legal 500, which applauds Duncan Lewis for its ‘outstanding client care.’ Many of the team are accredited members of Resolution, Reduce the Risk, the Law Society Family Panel, and the Law Society Children Panel – meaning that our family and domestic violence solicitors have the necessary expertise to help victims of domestic abuse.
About the author: Jaspreet Rai is a trainee solicitor in the Legal 500 ranked Family and Child Care department based in the Birmingham office. She works under the supervision of solicitor, Julie McNamara.
Contact Jaspreet Rai JaspreetR@duncanlewis.com or via telephone on 020 7275 2569.
Contact Julie via email at JulieMc@duncanlewis.com or by telephone on 020 7275 2670.
For expert legal help with domestic violence, call the Duncan Lewis Domestic Violence Solicitors Helpline: 0800 689 3275.