Can my abuser cross-examine me directly in court

No. Since 21 July 2022, it has been automatically banned under sections 65 and 66 of the Domestic Abuse Act 2021 for a person alleged to have committed domestic abuse to personally cross-examine their victim in family court proceedings, if either of them is representing themselves. This ban works both ways — you also cannot be forced to personally cross-examine your alleged abuser.

What is cross-examination, and when does it happen?

Cross-examination is the process where a party questions the other side, or their witnesses, about the evidence they've given, usually at a fact-finding hearing or final hearing. If both parties have solicitors, each solicitor cross-examines the other side, so this issue doesn't normally arise. The problem the law addresses is specifically about litigants in person — where, without the ban, an unrepresented alleged abuser could otherwise question their victim directly, or an unrepresented victim could be forced to question their alleged abuser themselves.

When exactly does the automatic ban apply?

The ban applies automatically, without needing a separate application, in situations including:

1. Where one party has a conviction, caution, or is currently charged with a specified domestic abuse related offence against the other party.
2. Where there's a protective injunction in force, such as a non-molestation order, between the parties.
3. Where there's other specified evidence of domestic abuse, similar to the evidence categories accepted for legal aid — see our guide on can I get legal aid for a family court case.

Even where the automatic ban doesn't strictly apply, the court can still decide, on its own initiative, to prohibit cross-examination in person if it's raised as an issue, or if the court considers the quality of evidence would otherwise be affected.

What happens instead, if direct cross-examination is banned?

1. The court will consider alternative arrangements first, such as the questions being put by the judge instead, or the parties giving evidence via video link or from behind a screen so they aren't directly confronting one another.
2. If those alternatives aren't considered satisfactory, the court can appoint a qualified legal representative (QLR) specifically to carry out the cross-examination on behalf of the unrepresented party. This is a lawyer appointed and paid for through the court process — you don't have to arrange or pay for them yourself.
3. The party submits a written list of the questions they want asked to the QLR (or the judge, if no QLR is available), rather than directly to the witness. The QLR or judge can ask further questions arising during the hearing too.

There has been a national shortage of qualified legal representatives available to take on this specific role, which has sometimes caused delay. Guidance from the President of the Family Division has addressed what should happen if no QLR can be found within a reasonable time, including the possibility of the judge asking the questions directly, approached carefully so it doesn't become an adversarial cross-examination in substance.

What other protections can I ask for at a hearing involving my abuser?

Separately from the cross-examination ban, you can ask the court for "special measures" to help you feel safer giving evidence, whether or not cross-examination in person is an issue in your case. These can include:

1. Separate waiting rooms, so you don't have to sit near your abuser before or during breaks in the hearing.
2. Staggered arrival and departure times, so you're not leaving the building at the same time.
3. Giving evidence from behind a screen, so you're not in your abuser's direct line of sight.
4. Giving evidence via video link, rather than being in the same room at all.

You can ask for these measures to be considered as early as possible in your case — don't wait until the day of the hearing. Raise it with the court, or ask your McKenzie friend or any support worker helping you to raise it, well in advance.

What if I've already been through a hearing without these protections?

If a hearing has already taken place and you believe the cross-examination ban should have applied but wasn't properly considered, or that appropriate special measures weren't put in place, it's worth getting legal advice about whether this affects the fairness of what was decided and whether any further application is appropriate.

Knowing that this protection exists, and how to ask for it, can make an enormous difference to how safe you feel going into a hearing. Access to Justice is built to help you understand what protections are available and how to raise them with the court. Try it free.

Frequently asked questions

Do I have to pay for the qualified legal representative if one is appointed?

No. A QLR appointed under this scheme is paid for through the court process, not by either party directly, so you don't have to arrange or fund them yourself. The party who cannot cross-examine directly submits a written list of the questions they want asked to the QLR, who then puts those questions, and any follow-ups, to the witness.

Does this ban apply to remote, video-link hearings as well as in-person ones?

Yes, the ban and the alternative arrangements apply equally to remote hearings. Whether the hearing is in person or held by video link, an alleged abuser who is representing themselves cannot personally question their alleged victim, and the same options — questions put by the judge, a screen, a video link, or a court-appointed QLR — remain available.

What if my abuser has a solicitor but I don't — does the ban still matter?

If your abuser already has a solicitor, their solicitor conducts the cross-examination in the normal way, so the automatic ban on cross-examination in person by your abuser typically isn't the issue in that scenario. The ban specifically addresses situations where the alleged abuser would otherwise be unrepresented and questioning you directly.

Can I request special measures even if the automatic cross-examination ban doesn't technically apply to my case?

Yes. You can ask the court to consider special measures such as separate waiting rooms, screens, or video links regardless of whether the cross-examination ban specifically applies, if you have safety or wellbeing concerns about attending court near your abuser.

What evidence do I need to show the ban applies to my case?

The same broad categories of evidence used for legal aid domestic abuse applications are relevant here — including a protective order already in place, a relevant conviction, or supporting evidence from a professional. Raise this with the court as early as possible in your case.

Is there a similar ban if I'm the one accused of domestic abuse?

Yes, the ban works both ways — an alleged perpetrator cannot be forced to personally cross-examine the person alleging abuse against them either, in the same specified circumstances. If direct cross-examination is prohibited, the same alternatives apply, including the court appointing a qualified legal representative to put your questions to the witness on your behalf.

What happens if no qualified legal representative can be found in time?

Guidance addresses this situation directly — options include the judge asking the questions on the party's behalf, exploring whether a party can arrange their own advocate, or in some cases reviewing whether the cross-examination itself is genuinely necessary for the hearing to proceed fairly.

This article provides legal information about the ban on cross-examination in person in domestic abuse cases in family court in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.