Since April 2023, IDVA’s (Independent Domestic Violence Advocates) have had the opportunity to apply to Family Court for permission to sit in Court with clients who have experienced domestic abuse.Here are some of the most common questions I get asked about this:
Can anyone be an IDVA?
No. An IDVA is a professional – usually qualified via https://safelives.org.uk/ or https://www.womensaid.org.uk/. IDVA’s are experts in supporting survivors of domestic abuse, including coercive control, stalking, harassment and other specific forms of domestic abuse. We have a breadth of knowledge and practical experience supporting clients through criminal and Civil options, and safeguarding processes. IDVA’s are experienced at advocacy, as well as being able to offer that much-needed emotional support and guidance to their clients.
Are IDVA’s in Family Court the same as McKenzie Friends?
No. McKenzie Friends can only support clients who are Litigants In Person and have no other legal help in the Courtroom. IDVA’s can support clients whether or not the client has a legal team in Court. In fact it can work really well having both! The Barrister can focus on presenting the case to the Judge/Magistrates and the IDVA can focus on supporting the client. Between us we can ensure the client’s wishes are heard, that the client understands everything that is happening and can make the best decisions on the day. When it comes to making decisions about day to day arrangements and content of parenting arrangements it can be really useful to have me there as I know the typical issues my clients have with post-separation abuse and trying to implement Child Arrangement Orders – having the correct wording, detail and boundaries in these Orders is absolutely key to being able to move on and reduce the need for constant communication with your ex.
Do IDVA’s help clients prepare paperwork for Court?
No. Some IDVA’s may help guide a client with basic paperwork but generally, no. We are not lawyers and can’t give legal advice – however we do understand a lot about the legal processes and can help prepare you for Court, so that you feel better informed, less stressed and more empowered.
I can ‘tweak’ drafts of Position/Witness statements to ensure you get all your points across in the best way, but I am no legal expert and would never claim to be. However, I understand what a Judge or a Barrister might be thinking, so just wording things a little differently and in a more professional way can really make a difference to how you present your case.
Does there have to be proven domestic abuse?
No. There doesn’t need to be a Fact Finding Hearing or proof anywhere at all for an IDVA to be present in Family Court. The IDVA’s professional judgement is enough.
Can my ex object to my IDVA being present?
No. They can try (and they always do!) but there is no good reason why an IDVA should be excluded from supporting their client in Court. The other party can put their reasons to the Judge on the day if they wish, but it is up to the Judge to decide whether the IDVA is allowed in Court, nobody else. Of course, a controlling ex will never want you to have support and won’t ever admit to being abusive, but you are entitled to IDVA support and your ex can’t stop it just because they disagree with it. I find Judges are actually very supportive of IDVA’s being present in Court now and so far I have never been refused.
How do I get an IDVA to support me in Court?
If your case is already open to your local domestic abuse organisation – for example you are receiving ongoing outreach support, or attending one of their support programmes, etc, then you can ask if your IDVA can attend Court with you. If your case is not already open to an IDVA it is highly unlikely they will open your case just for court support. Unfortunately due to the length of Hearings and time it takes to support someone at Court too, most domestic abuse organisations just don’t have capacity to support clients at Court Hearings – but it’s always worth checking.
In Thames Valley, we have Flag DV https://flagdv.org.uk/family-court-support-in-berkshire/ who offer Court support, but your referral must come via a professional you are already working with and again they maight not be able to support you due to capacity.
I am able to support clients through Family Court and Financial proceedings – go to my Fees page to find out more details.
Just let me know when and where your Hearing is and I will apply to the Judge in advance for permission to attend.
”Thank you so much for today. Having you there made me feel so much more confident and stronger. You have been amazing with everything and I couldn’t be more grateful for your support and helpful tips. First time not crying in or after Court!” – Claire, Reading.
