3 New Ways of Supporting Domestic Violence Victims: Court Edition

According to the recent Ministry of Justice report, there has been striking consistent submissions of mother’s describing their court experience as the ‘worst experience’. Legal professionals have identified weaknesses emboddied in the Family Court structure which had been troubling domestic violence victims for years. After considerable research including the consideration of the Domestic Abuse Bill, new arrangments have been recommended to protect victims and to mitigate barriers of credibility.

Safety Issuesof Family Court Proceedings:

Prior to the date, reportedly the stress of the proceedings would transpire in affecting the victim’s mental health whereby they would suffer panic attacks and encounter sleepless nights.

Fear would also be prevalent at the entrance and waiting areas too as they may find their abuser present- in fact, there has been accounts of victims and even their lawyers being attacked. The court staff have been criticised for being inconsiderate, and negligent in addressing such issues. Even when there had been attacks this has consistently been taken lightly by the judiciary and staff.

Indeed, there are special measures available but often victims were not aware of it or it is not available.

“I am not sure what special measures are…”

Special measures are in place solely for vulnerable victims, they are conditions on the day so that the victim is able to participate with the proceedings safely.

Some measures include using screens to shield the victim from the Defendant, removal of wigs and gowns by judges and barrister, pre-recorded interviews and aids to communication.

 

Now, what will the new changes be?

1)     SEPARATE waiting rooms and entrances.

 

Although, it is already a requirement by the Participation Directions under chapter 3 of the Family Procedure Rules it has not been in fruition as much as it should have been, but now it is further emphasised now by the Ministry of Justice’s recommendation so courts should be obliged to follow.

Whilst recognising that not all courts have the physical infrastructure to permit separate waiting rooms, instead an operated locked room is recommended.

In terms of the unavailability of a separate entrance, it is under the court staff’s duty to make an effective arrangement.

2)    Judges to take more action

After panel discussion, they have concluded that attacks on victims or professionals should be regarded as ‘contempt of court’ which is a criminal offence. These should be addressed earlier on as a priority and not delayed.

Pre- adjudication preparation and special measures

Victims should be given pre-adjudication familiarisation visits and be given counselling and support so they are well prepared and confident before going to court. They should also be made aware of special measures and be encouraged to use them.

Conclusion

Clearly, family courts have not been well equipped for victim’s safety, but once the recommendations are implemented this would improve the experience for the victims and ensure the ethicalness of court proceedings. After such discussion we can only hope that they take the recommendations on board.