Please be aware that this blog discusses sensitive and distressing topics such as domestic and sexual abuse. If you are suffering any form of abuse, there are resources which can help, including the National Domestic Abuse Helpline and Samaritans.
Protection is something that we expect from the law, especially in situations where we feel vulnerable to having our rights to justice restricted or ignored.
In family law, there are many situations in which difficult and distressing issues are at the heart of legal proceedings; whether this is domestic abuse committed by a family member or partner, a forced marriage, or where a child has suffered abuse and there is an urgent need to safeguard them.
When facing these situations, taking legal action to protect yourself or loved ones might feel like an overwhelming challenge. But there are provisions which can help.
We’ll look at some of the extra protections which are available for vulnerable people in family law matters, and how they can help in overcoming some of the obstacles you may be worried about when bringing a legal case.
Who counts as vulnerable in family law?
A wide range of people may be considered as ‘vulnerable’ in family law. This includes:
- Children (meaning anyone under the age of 18); and
- People who do not have the mental capacity to make their own decisions.
But it can also include people who have experienced:
- Domestic abuse
- Sexual abuse
- Physical and emotional abuse
- Racial and cultural abuse or discrimination
- Abuse or discrimination for their gender or sexual orientation
- Mental health struggles
- Forced marriage or ‘honour-based’ violence
- Physical mutilation (such as female genital mutilation)
- Human trafficking
And this is not limited to the parties in a family law case. Witnesses who are intending to give evidence in these cases may also be considered vulnerable under the provisions.
However, just because someone may fall within one or more of the above categories it does not mean that they are necessarily vulnerable. Whether a person counts as vulnerable will ultimately be a decision for the court.
But, in domestic abuse cases, there is an automatic assumption that a party or witness is vulnerable if they have been abused – or if they are at risk of being abused – by any of the following:
- another party to the case;
- a relative of another party; or
- a witness to the proceedings.
So, for example, if you are trying to escape an abusive relationship and you have brought legal proceedings against your partner to try and get an injunction (see below), you will automatically be considered vulnerable because you are a party who has been abused by another party to the case.
Protection and support, what does it look like?
For people recognised as vulnerable under family law, the court may make a variety of different arrangements to help them through the court case. These special measures may include:
- Remote attendance of a hearing, such as over a video link
- Enabling a vulnerable person to attend the court using a different route from others and/or using a different waiting area
- Appointment of an intermediary to communicate questions to a vulnerable person
- Regular breaks in a court hearing
In clearing away some of the daunting barriers to legal proceedings, special measures can make legal remedies easier to obtain. In domestic abuse cases, remedies will often take the form of an injunction, such as:
- A non-molestation order: which can prevent the abuser communicating with, going near, or otherwise intimidating or harassing the person protected.
- An occupation order: which can exclude abusers from formerly shared homes.
Who can you seek a non-molestation order or occupation order against
People tend to think that these orders are like restraining orders and you can get them against anyone. But actually they are only available against someone who is considered an ‘associated person’ by law. An associated person can be:
- Your spouse or former spouse
- Your civil partner or former civil partner
- Your cohabitant or former cohabitant – this is someone with whom you have lived as though you were married or in a civil partnership, but without actually being spouses or civil partners
- Someone who lives or has lived in the same household as you – except where the only relationship between you was that either you or they were the other’s employee, tenant, lodger or boarder
- Your relative
- Someone you have agreed to marry or enter a civil partnership with – whether or not the agreement has been ended
- Someone with whom you have had an intimate personal relationship over a significant period
- The other parent of your child, or someone with whom you share parental responsibility for a child
- Another party to family proceedings to which you are also a party – for example, another party in a custody dispute
Children can also apply for non-molestation orders against parents or other family members.
How legal aid can help
Legal aid is also a key component of protection and support. It can make a world of difference getting advice from expert family law solicitors when otherwise this may not be affordable to you.
Many of the situations described above, particularly seeking protection from domestic abuse, can be eligible for legal aid funding. You must meet a number of eligibility requirements for legal aid to be available. But if you meet these criteria, legal aid can cover some or all of your costs for legal advice, case handling, and representation at court.
At Ison Harrison, we have helped many clients in Bradford and across Yorkshire to obtain legal protection from abuse, and to manage the difficulties of child living arrangement cases and care proceedings – all through legal aid.
More information can be found on our dedicated legal aid page or in our legal aid FAQs.
Discussing your case with Ison Harrison
If you would like to know more about any of the protections afforded to vulnerable people in family law matters, or you would like expert legal guidance on the rights of you or a loved one, please get in touch with us.
