What Domestic Abuse Charities Need to Know About the Family Court
Introduction
When a client leaves an abusive relationship, the legal process that follows is rarely straightforward. For many survivors, rather than safety, separation brings a new and unfamiliar set of pressures, many of them legal. Understanding those pressures is increasingly important for anyone working in the domestic abuse sector.
This blog is written for support workers, IDVAs, ISVAs and others in domestic abuse charities who regularly sit alongside clients navigating the family court system.
The family court is not the same as the criminal court
One of the most common sources of confusion for clients is the difference between criminal and family proceedings. A client may have a criminal case ongoing, with police involvement and potential charges against their abuser, while simultaneously being involved in family court proceedings about their children or finances. These are entirely separate processes, running on different tracks, with a different focus.
Understanding this distinction matters because clients can feel let down when the family court does not respond to their experiences of abuse in the way they hoped. The family court is not a forum for establishing criminal guilt. It is focused on practical decisions, such as where children will live and financial arrangements. That focus can feel inadequate to clients who want acknowledgement of what they have been through. Supporting them to understand what the family court can and cannot do is therefore extremely important.
The MIAM exemption
Before making most family court applications, parties are required to attend a Mediation Information and Assessment Meeting (a MIAM). However, victims of domestic abuse are generally exempt from this requirement. This is an important practical point: clients who have experienced abuse do not have to engage in mediation before seeking court protection, and should not feel pressured to do so.
Many clients are not aware of this exemption, and some are told, incorrectly, that they must attend mediation regardless. Frontline workers who know about the MIAM exemption can ensure clients access the right legal advice from the outset.
Practice Direction 12J
Where domestic abuse is alleged in proceedings involving children, a specific legal framework known as Practice Direction 12J is invoked. This requires the court to consider the impact of the abuse before making any decisions about contact or living arrangements. This framework exists because research is clear that exposure to domestic abuse is harmful to children, even where they are not directly targeted. But the process can be slow and emotionally demanding for clients, and understanding what it involves helps support workers prepare clients for what lies ahead.
Protective Orders
Non-Molestation Orders and Occupation Orders can provide important protection for clients. A Non-Molestation Order prohibits the abuser from contacting or harassing the client; breaching it is a criminal offence. An Occupation Order can regulate who lives in and enters the family home. These orders are not always straightforward to obtain, and the bar for an Occupation Order, in particular, can be high. But they are important tools that you should be aware of.
Understanding the legal landscape does not mean becoming a legal expert. It means being better equipped to walk alongside clients through one of the most complex and dangerous periods of their lives.
Our training is available for domestic abuse charities and their teams. Get in touch to find out more.