Changes in domestic abuse legislation
25 July 2022
Victims of domestic abuse will no longer have to face the trauma of being cross-examined by the perpetrator in family court proceedings.
Changes in the domestic abuse legislation mean that since 21 July 2022 where there is evidence of abuse, there will now be a legal bar on parties cross-examining each other. This applies equally to proceedings seeking protection from abusive behaviour and also proceedings regarding children.
Moving forwards the court will appoint a specially trained legal professional to conduct the cross-examination where the perpetrator is unrepresented. Where this is not possible, the Judge will conduct the cross-examination. This reflects the position within criminal proceedings and is a very welcome change in family cases.
The Government press release is here:
The family team at Birketts works with and supports a number of East Anglian based domestic abuse charities including Lighthouse and Compassion.
If you or a member of your family are a victim of domestic abuse (including controlling and coercive behaviour) and need advice but are anxious about the best way forward, Birketts family team is here to assist you. Please contact us to arrange a conversation at a mutually convenient time. If you or your children are in immediate danger, call 999 before contacting us.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at July 2022.