Removal of harsh evidence rules should help domestic violence victims
updated on 27 February 2017
The Law Society has welcomed the removal of a five-year time limit on evidence of abuse from domestic violence victims. This rule has previously prevented victims from being able to obtain legal aid.
The society was responding to a Ministry of Justice decision to remove harsh time limits and all for new categories of evidence to qualify for legal aid. A society spokesperson said: “Legal aid is a lifeline for those who have suffered abuse. It is often the only way someone can bring their case before the courts. Relaxing time and evidence restrictions so more victims of domestic violence can get legal aid for court hearings will be a welcome relief for many people. Today’s positive decision is the end result of work we and other organisations have been doing with the ministry for many months.”
The society also welcomed another rule change that will protect victims from being cross-examined by their abuser in the family court. The society spokesperson explained: “In the family courts, the victim of abuse is a party to the case. They have to engage with the abuser throughout the proceedings and we think there is more work to be done to ensure that the protection for victims is adequate. These changes will help domestic violence victims who have previously been deprived of valuable legal advice, support and representation to access essential family law remedies.”
