Abusers Banned From Cross-Examining Victims: What Changed in 2022
Last updated: 23 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: Since 21 July 2022, abusers have been banned from cross-examining their victims in person in family courts in England and Wales, and victims don't have to question their abuser either. The ban comes from section 65 of the Domestic Abuse Act 2021. Where questions are still needed, the court can ask them itself or appoint a lawyer, paid from public funds, to do it.
Key facts about the ban
Topic | The position in England and Wales |
What changed | Abusers can't cross-examine victims in person, and victims can't be made to question their abuser |
In force from | 21 July 2022, for proceedings started on or after that date |
Where it applies | Family and civil courts in England and Wales |
The law | Domestic Abuse Act 2021, sections 65 (family) and 66 (civil) |
Who decides | The court, automatically in some cases and by discretion in others |
Source checked | GOV.UK and legislation.gov.uk, 23 October 2026 |
What was the law before?
Before July 2022, a person representing themselves in a family case could usually question the other party directly at a hearing. That meant someone accused of domestic abuse could stand up and cross-examine the person who'd made the allegations. Many victims said it felt like the abuse was carrying on in the courtroom.
What changed, and when?
Sections 65 and 66 of the Domestic Abuse Act 2021 came into force on 21 July 2022. They only apply to cases started on or after that date.
The ban applies automatically, both ways, where:
one party has been convicted of, cautioned for, or charged with a specified offence against the other
there's a protective injunction, such as a non-molestation order, between them, made after both sides were notified
there's specified evidence of domestic abuse by one party towards the other
In other cases, the court can still stop in-person questioning if it would be likely to affect the quality of a witness's evidence or cause significant distress.
When the ban applies, the court first looks for another way to get the evidence, for example the judge or magistrates asking the questions. If that won't work, the party can appoint their own lawyer to ask the questions. If they don't, the court can appoint a qualified legal representative, paid from central funds. That lawyer's only job is to carry out the cross-examination. They don't act for the party in the rest of the case.
What does this mean for you?
If you've experienced domestic abuse and your case is in the family court, you can ask the court to apply the ban. You do that on form EX740. If you're the person accused of abuse, you use form EX741. It's best to raise it early, so the court can plan the hearing.
The ban isn't a finding that anyone is guilty. It's about making sure the evidence is heard fairly and safely.
Frequently asked questions
Does the ban apply to my case if it started before July 2022?
No. The ban only covers cases started on or after 21 July 2022.
Do I have to pay for the court-appointed lawyer?
No. A qualified legal representative appointed by the court is paid from central funds.
Does the ban apply to both parties?
Yes. It protects a victim from being questioned by their abuser, and from having to question them.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court. We can help you prepare statements and forms, including EX740 and EX741, and organise your evidence and court bundle. Email help@incourt.co.uk or use our contact form. You can also read our Google reviews.
Related guides
Sources
GOV.UK: Domestic abusers barred from cross-examining victims in family and civil courts (checked 23 October 2026)
GOV.UK: Cross-examination in the family court factsheet (checked 23 October 2026)
legislation.gov.uk: The Domestic Abuse Act 2021 (Commencement No. 5 and Transitional Provision) Regulations 2022 (checked 23 October 2026)
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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