Domestic Abuse Barristers

The Domestic Abuse Act 2021 gave domestic abuse a statutory definition. It covers physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological or emotional abuse, between people aged 16 or over who are personally connected, such as current or former partners or relatives. It can be a single incident or a course of conduct, and a child who sees, hears or experiences the effects of abuse is recognised as a victim in their own right.

The family court has several tools. The most commonly used are injunctions under Part IV of the Family Law Act 1996: a non-molestation order to stop abuse and harassment, and an occupation order to regulate who lives in the home. There are also forced marriage protection orders and FGM protection orders. Domestic Abuse Protection Orders, a newer and broader order created by the 2021 Act, are being piloted in certain areas, and the police can also seek protection through other routes. Which option fits depends on what has happened, where you live and what you need the order to do.

Abuse is also often central to other family proceedings. In child arrangements cases, Practice Direction 12J requires the court to consider at every stage whether abuse has occurred and what risk it poses, and in some cases to hold a fact-finding hearing first. Victims of domestic abuse are presumed to be vulnerable parties, so the court must consider special measures such as screens, separate waiting areas or giving evidence by video. Where there is a relevant conviction, caution, charge, protective injunction or specified evidence of abuse, a party cannot personally cross-examine the other, and in other cases the court can direct the same. If the person is unrepresented, the court can appoint a qualified legal representative to ask the questions instead.

Legal aid is often available to victims for protective orders and, with evidence of abuse, for other private family proceedings, and a Direct Access Barrister must consider with you whether you are eligible before accepting instructions. Where Direct Access is right, your Barrister can advise, draft statements and represent you, while you file documents. We also represent people who face allegations and want to respond properly. If you are in immediate danger, call 999.

1. 1

   Safety and Funding First

   Your Barrister checks whether you are in immediate danger, whether you may qualify for legal aid, and whether Direct Access is suitable given your circumstances.

2. 2

   Mapping What Has Happened

   You go through the history together. Your Barrister identifies the incidents that matter legally, the pattern of behaviour they show, and the evidence available to support them.

3. 3

   Choosing the Proceedings

   Your Barrister advises whether to seek a protective order, raise abuse within existing children or financial proceedings, or both, and how the timing should work.

4. 4

   Statements and Applications

   Your Barrister drafts a focused witness statement and the relevant application, and requests any special measures you need. You file them at court.

5. 5

   Hearings

   Your Barrister represents you at the first hearing and any contested hearing, where evidence is tested and the court decides whether to make findings or an order.

6. 6

   Living With the Order

   Your Barrister explains the terms, how long they last and what to do if they are breached, and advises on how any findings will affect children or financial proceedings.