Domestic Abuse: Family Courts

Family courts have various tools available to protect participants. Courts have the power to prohibit the cross-examination of domestic abuse survivors by their abusers. Victims of domestic abuse are automatically considered to be vulnerable when the court is determining whether to make special measures, such as allowing someone to give evidence by video link, or from behind a screen. The Family Procedure Rules and Practice Directions allow for Independent Domestic Violence Advisers and Independent Sexual Violence Advisers to accompany parties in the courtroom.

Central to the Department’s commitment to reform the family justice system is the rollout of the Pathfinder pilot. This innovative court model uses a less adversarial approach for private law children proceedings and is operating in Dorset, North Wales, Birmingham and South-East Wales. The pilot courts work closely with local domestic abuse agencies, including Independent Domestic Violence Advisers, to ensure that specialist support and domestic abuse risk assessments are in place. We are committed to expanding the pilot so that more people can benefit from this approach.

Evaluation of the pilot is ongoing and involves seeking the views of both parent and child victims of domestic abuse to understand how the support available in the Pathfinder model has impacted their experiences. This evaluation will be published once it is completed.

On 27 November, the Government also begun piloting a new Domestic Abuse Protection Order (DAPO) in selected areas. This new order is available across family, civil and criminal courts and brings together the strongest features from current protective orders into a single more comprehensive order. DAPOs can offer more tailored protection to victims and place greater sanctions on a perpetrator.