Victims of domestic abuse will no longer be cross-examined by their attackers in family and civil courts under new measures which have now come into force. 

The change is part of the government’s Domestic Abuse Act (2021). It places a legal bar on parties cross-examining each other where there is evidence of abuse. 

It follows concerns that perpetrators were using the process as a means of extending their abuse, and victims were being retraumatised by their experiences in court. 

Instead, cross-examination will be done by a court-appointed legal professional to ensure that justice continues to be done fairly for both sides. Hundreds of lawyers have already signed up to fulfil this important role. 

Justice Minister Tom Pursglove said: “Going to court about family issues can be a traumatic experience, so victims of domestic abuse shouldn’t face the extra torment of being cross-examined by their abuser. 

“This has already been banned in criminal trials and is now banned in family and civil courts as well – to protect victims, ease the stress and make sure they get a fair hearing.” 

The change forms part of government efforts to reduce the trauma of appearing in court and ensure that victims are better supported. This includes introducing special measures in family and civil courts, such as screens and separate entrances, to minimise stress and help witnesses to give their best evidence. 

The ban will only be applied 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. 

Earlier this year, the government published a draft Victims Bill, which seeks to amplify victims’ voices throughout the criminal justice system. The Bill also places greater accountability on agencies such as the Crown Prosecution Service (CPS) and police for the service they provide to them. 

Meanwhile, victim support services will receive more than £460 million in grant funding over the next three years, helping to fund more than 1,000 Independent Sexual and Domestic Violence Advisors and a 24/7 rape crisis helpline. 

If you would like more information or advice about the issues raised in this article, or any aspect of family law please contact our expert legal team on 02080040065, by email at [email protected] or using the form below.