One of the biggest barriers for domestic violence victims, and others who are generally fearful of another party, in taking cases to the family court is the fear of coming face-to-face with their abuser. However, special measures in UK Family Courts prevent this from happening.
If you (or someone you know) is fearful of facing their abuser in a court setting, it’s reassuring to know that special measures in UK Family Courts exist to protect victims of abuse. Plus, these measures extend to anyone who is genuinely scared of coming into contact with their opponent in court.
Eligibility for special measures in UK Family Courts
Domestic violence victims can already be eligible for special measures if criminal proceedings have been opened against the alleged perpetrator, provided that the Court is satisfied that the quality of the victim’s evidence will be diminished because of their fear or distress about testifying.
If a victim is under the age of 18, they will be eligible for special measures in UK Family Courts as ‘vulnerable’ witnesses.
For any witness deemed eligible for special measures, the Court must decide if any available special measures are likely to improve the quality of witness testimony. If so, they must determine which measure or combination of measures would best suit the victim.
With this in mind, here are 9 of the key special measures available in UK Family Courts for domestic violence victims.
Key special measures in UK Family Courts
1. Screening and separate waiting areas
Family Courts can provide separate waiting areas to ensure that victims and their abusers do not come into contact while waiting for hearings. Additionally, the use of screens within the courtroom can prevent direct visual contact between the victim and the perpetrator.
2. Video link hearings
Victims may be granted permission to give evidence or participate in hearings via video link rather than being physically present in the courtroom. This helps reduce the stress and anxiety associated with facing an abuser directly.
3. Intermediaries
For victims who may have difficulty communicating or expressing themselves, especially in cases involving trauma, intermediaries may be appointed. These professionals assist in facilitating communication between the victim and the Court, ensuring that their voice is effectively heard.
4. Anonymity orders
The Family Court can issue anonymity orders to protect the identity of a victim. This is particularly important in high-profile cases where media attention could further jeopardise the safety of the victim.
5. Use of special measures direction
UK Family Courts have the authority to make a special measures direction, which can include a combination of various measures tailored to the specific needs of a victim. This may include restrictions on an abuser’s conduct during proceedings or specific arrangements for a victim’s testimony.
6. Support persons
Victims may be allowed to have a support person, such as a friend, family member, or advocate, present with them during Court proceedings. This support person can provide emotional support and help the victim feel more secure.
7. Priority listing
Cases involving domestic violence may be given priority in Family Court listings, ensuring that they are dealt with swiftly. This helps to minimise the time victims have to wait for resolution and reduces the prolonged emotional strain associated with legal proceedings.
8. Special measures assessment
Before the Court proceedings, an assessment may be conducted to determine the specific special measures required for a victim’s safety and comfort. This individualised approach ensures that the measures implemented are suitable for the unique circumstances of each case.
9. Restraining orders
The Family Court may issue restraining orders to prohibit an abuser from contacting or approaching a victim. This legal measure adds an additional layer of protection for the victim both during and after Court proceedings.
Special measures in UK Family Courts add peace of mind
Special measures in UK Family Courts exist to ensure that domestic violence victims, and others in fear of facing another party in a courtroom setting, feel safe and have a supportive legal environment.
The measures acknowledge the unique challenges, the distress, and anxiety faced by victims of abuse, and aim to empower them to seek justice without compromising their safety and well-being.
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