By Tony O’ Reilly-
The UK government has unveiled new measures to improve how courts support survivors of domestic abuse — especially those navigating the family justice system. While much of the focus on domestic abuse has historically centred on criminal prosecutions, recent reforms aim to extend robust, specialised support into civil and family courts, where many victims seek protection or make arrangements for children.
Advocates and legal experts say the changes mark a “watershed moment” for victims — though serious challenges remain.
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A report published in October 2025 by the office of the Domestic Abuse Commissioner (DAC) found what many had long feared: domestic abuse is “everyday business” for the family courts. In nearly 90% of the cases reviewed by the Commissioner, abuse featured — yet in many of those hearings the court failed to treat it as an active issue. In 87% of files analysed, there was documented evidence of abuse, and in 73% of hearings observed, abuse had been raised.
Distressingly, despite the prevalence, many victims were left to navigate complex and emotionally fraught legal proceedings without specialist support. The Commissioner’s report found that some litigants were “like a rabbit in headlights” — unable to complete basic court forms, unaware of how to present their concerns about abuse, or feeling unable to challenge unsafe decisions about child arrangements.
Compounding the problem is deep under‑funding of the courts, according to the Bar Council. In a policy paper released in November 2025, the body warned that just 15% of family court cases are eligible for legal aid — leaving many survivors without access to legal representation. The Bar Council argued that years of under‑resourcing have turned large areas into “legal advice deserts,” with victims forced to represent themselves at a time when they are often most vulnerable.
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Overall, the failure of the system to provide adequate support at critical moments — such as hearings about child contact, financial matters or protective orders — has left many survivors re-traumatized, abandoned, or without meaningful protection.
What’s changing: New court support and reforms
In response to these systemic failures, new measures have been introduced to strengthen support for domestic‑abuse victims in court.
One of the key changes comes from the Ministry of Justice (MoJ), which last month confirmed that victims of domestic abuse in civil and family court proceedings are now eligible for expanded legal aid. This includes access to legal representation for matters relating to child arrangements, financial remedies, divorce, and urgent protective orders such as non‑molestation and occupation orders.
This applies even when the victim owns or is tenant of a home but cannot safely access it because the abuser remains there.
Alongside legal aid, the MoJ has increased funding for organisations delivering free legal advice and support to victims. In 2025/26 alone, more than £6 million has been allocated to around 60 organisations, including charities, law centres, and specialist domestic abuse services — enabling victims to get help with understanding their rights, preparing for hearings, and navigating the court system.
For those without legal representation, the UK charity Support Through Court (formerly the Personal Support Unit) offers invaluable assistance — helping litigants understand proceedings, complete court paperwork, and accompany them during hearings. The aim is to reduce disadvantage and ensure that no one has to face court entirely alone.
Another significant reform is the expansion of so‑called “special measures” in court — including allowing evidence via video link or behind a screen, and prohibiting perpetrators from personally cross‑examining their victims. Instead, courts can appoint independent legal representatives to undertake cross‑examination on behalf of the abuser, reducing trauma for survivors.
Moreover, the government is boosting the rollout of Pathfinder Courts in some regions. These courts adopt a more child‑centred and trauma‑aware approach, coordinating with social services, support charities, and other agencies to reduce delays, avoid retraumatization, and provide a safer, more supportive experience for victims and their children.
A recent government evaluation reported substantial reductions in backlog and faster resolution of cases in pilot areas.
Support is also being extended through dedicated services: domestic abuse specialists, independent domestic violence advisors (IDVAs), and other trained advocates are increasingly being recognised as essential — not optional — participants in family‑court proceedings. The Commissioner’s office has emphasised their vital role in ensuring survivors feel heard, safe and supported.
Hope tempered by caution: What still needs to be done
Experts stress that while the new support measures are a significant step forward, they are far from a complete solution. The Bar Council argues more resources are essential — not only to expand legal aid coverage but to recruit and retain sufficient numbers of trained family‑law solicitors and advocates. Without adequate staffing and funding, victims may still face delays, flawed hearings, or re-traumatization.
Further, the Commissioner’s report found that some legal professionals continue to hold outdated or dismissive views about domestic abuse — particularly when it involves non‑physical forms such as coercive control or economic abuse. Courts sometimes downplay such behaviour, treating it as secondary or irrelevant to decisions about children or financial settlements.
Survivors who represent themselves — even with help from charities — still face enormous emotional and practical burdens: completing complex paperwork, presenting coherent cases, gathering evidence, and making decisions under stress. Without full legal representation, many may feel unable to challenge unsafe arrangements or secure adequate protection.
Finally, as one advocate put it, reforms must not be superficial. The experience of many survivors suggests that meaningful change requires not just structural supports (like legal aid or court processes) but a cultural shift — in how domestic abuse is understood, how victims are believed, and how courts centre safety and dignity.
The new court support measures announced in recent weeks represent perhaps the most substantial reforms to the family justice system for domestic abuse victims in years. For too long, families navigating separation, child arrangements, or protective orders have been left in limbo — forced to face a system that often failed to understand or take seriously the nature and impact of domestic violence.
Now, with expanded legal aid, funding for advice and advocacy, trauma‑informed court practices, and the rollout of specialist courts, victims may finally have access to justice that is humane, fair, and effective.
But the reforms are only as good as their implementation. Courts must be resourced and trained, legal professionals must shed outdated assumptions, and support organisations must be treated as essential — not optional. Only then can the system begin to deliver the safety, dignity and justice that survivors deserve.
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