Victims of domestic abuse will now be spared from being cross-examined by their alleged attackers in family and civil courts. The changes follow concerns that perpetrators were using the court process to further abuse and re-traumatise their victims. The legislation came into force on 21st July 2022 as part of the Government’s Domestic Abuse Act.
The ban will be applied only in cases where there is specified evidence of domestic abuse between those involved, or there is a conviction or protective injunction in place between the parties. This applies equally to proceedings seeking protection from abusive behaviour and also proceedings regarding children.
Change to Domestic Abuse Law
From 21st July 2022, if the perpetrator is unrepresented, the court will appoint a trained legal professional to conduct cross-examination. Where this is not possible, the Judge will conduct the cross-examination.
This new legislation reflects the current position within criminal proceedings and is a welcome change in family cases.
Please read the Government’s press release here.
Solicitor for Domestic Abuse
If you or a member of your family are a victim of domestic abuse and need advice, the Gordons Partnership family law team is here to help. Please contact us on 01483 451 900 (Guildford) or 020 7421 9421 (London). Alternatively, please email sols@gordonsols.co.uk.
If you or your children are in immediate danger, please call 999 before contacting us.