LEGAL EAGLE: Advice when facing an abusive former partner in court

I have recently separated from my partner of 16 years. We have two children together. I have suffered extensive emotional and physical abuse from my ex-partner throughout our marriage. I finally found the courage to leave but he has now applied to Court to have the children in his care. I am scared that I will not be able to face him in Court. I do not qualify for legal aid and cannot afford a solicitor. I know that I will need to go to Court alone but I’m frightened that he will try to be controlling and manipulative towards me in Court. What can I do?
By Andrew Freckleton
Published 27th Feb 2024, 08:00 BST
It can be worrying when appearing a court in front of an abusive former partner. Picture posed by models.It can be worrying when appearing a court in front of an abusive former partner. Picture posed by models.
It can be worrying when appearing a court in front of an abusive former partner. Picture posed by models.

It is not going to go against you if you are unrepresented at Court. It can be quite daunting to do so but there are a couple of things you can do to ensure that you feel more prepared and confident in facing your abusive ex-partner.

You can ask the Court for special measures which are provisions provided by the Family Court for victims of domestic abuse. Victims of domestic abuse are automatically eligible for the provisions. This can include a separate entrance / exit to the building, separate waiting rooms and screens in the courtroom so that you do not have to see your ex-partner. It could also include you attending the hearing remotely.

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This should be done a few days advance of the hearing. You can email the Court to request this, and to ease the process of obtaining special measures, you can justify in the email why you want special measures i.e. you have been the victim of abuse. This request will be considered, and the Court will confirm whether this will be in place for you at the hearing.

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In the hearing, you can ask the Judge whether you want special measures to be in place for every hearing. This should be included in the Court Order. For future hearings, you can send this Order to the Court to ensure that special measures will be in place in advance of each hearing.

The Court can also make ‘participation directions’. These are directions made by the Court to assist you in proceedings. For example, if you needed to give evidence in one of the hearings, a participation direction can be made to ensure you give your best evidence to the Court. This could be one or more of the following:

(a) prevent a party or witness from seeing another party or witness.

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(b) allow a party or witness to participate in hearings and give evidence by live link.

(c) provide for a party or witness to use a device to help communicate.

(d) provide for a party or witness to participate in proceedings with the assistance of an intermediary (intermediaries are usually appointed by the Court and are third parties who facilitate communication between parties).

(e) provide for a party or witness to be questioned in court with the assistance of an intermediary; or

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(f) any other appropriate participation direction at the discretion of the Court.

All the above directions will be subject to the availability of Court resources. If a certain resource is not available, then the Court will have to clearly set out the reason for the non-availability. Alternative directions will need to be considered.

Directions will be made to ensure you can be your best self at Court and you should not be deterred from asking for additional help from the Court if it is necessary.

Additional support could be looking to getting advice from a solicitor, such as with preparing statements, or looking into direct access counsel so you could be represented at hearings and do not have to go yourself. You can also ask to have the support of an IDVA (Independent Domestic Violence Advisor) who will come with you to court. Whilst they cannot represent you or speak for you, they can be there to support you.

To speak to a solicitor please do not hesitate to contact Ben Hoare Bell LLP on 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for more information.