What Measures Can Be Put In Place When I Attend Court To Ensure I Do Not Suffer Any Further Harm?

Court’s duty

The Court’s duty to consider special measures/participation directions starts when the Court proceedings are issued and continue to the conclusion of the matter.

What special measures can be put in place?

The Family Procedure Rules set out the ‘measures’ that may be made by the Court to ensure a party who is, or is at risk of becoming, a victim of domestic abuse, can attend Court without suffering any further harm. These measures include directions:

• Preventing a party or witness from seeing another party or witness e.g. screens, separate waiting rooms.
• Allowing a party or witness to participate in Hearings and give evidence by live link.
• Providing for a party or witness to use a device to help communicate.
• Providing for a party or witness to participate in proceedings with the assistance of an intermediary.
• Providing for a party or witness to be questioned in Court with the assistance of an intermediary.

How do I request special measures?

When a party issues a Court application, they will be asked whether they require any special measures. Alternatively, a party can make a request for special measures at any time during the proceedings by making a separate application to the Court. Any application for special measures should include:

• Why the party or witness would benefit from assistance.
• The measure or measures that would be likely to maximise as far as practicable the quality of that evidence.
• Why the measure or measures sought would be likely to improve the person’s ability to participate in the proceedings.
• Why the measure or measures sought would be likely to improve the quality of the person’s evidence.

The Court can make an Order for special measures on its own initiative.

Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.