The Domestic Abuse Act 2021 and Practice Direction 12J fundamentally changed how family courts approach domestic abuse allegations. This guide explains the role of expert witnesses in domestic abuse proceedings, the assessments available, and how to instruct effectively.
The Domestic Abuse Act 2021 introduced a statutory definition of domestic abuse for the first time, encompassing physical, sexual, financial, emotional, and psychological abuse, as well as coercive and controlling behaviour. The Act applies where both parties are personally connected and aged 16 or over. Crucially, it extends protection to children who witness domestic abuse — recognising that exposure to abuse is itself a form of harm.
Practice Direction 12J of the Family Procedure Rules 2010 governs how courts handle domestic abuse allegations in private law proceedings. Where allegations are raised, the court must determine whether a fact-finding hearing is necessary before considering any child arrangements. PD12J requires the court to consider the impact of domestic abuse on the child and on the ability of the non-abusing parent to care for the child, and to ensure that any child arrangements order does not expose either the child or the non-abusing parent to the risk of further harm.
The Court of Appeal's judgment in Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448 provided comprehensive guidance on the conduct of fact-finding hearings in domestic abuse cases. The court emphasised that patterns of coercive and controlling behaviour — rather than individual incidents — are often the most significant feature of domestic abuse, and that courts must be equipped to identify and evaluate those patterns.
Expert witnesses in domestic abuse proceedings serve a different function from those in NAI or parenting capacity cases. Their primary role is not to determine whether abuse occurred — that is a matter for the court — but to provide the court with the psychological and clinical framework needed to evaluate the evidence.
A psychologist instructed in a domestic abuse case may be asked to assess the psychological impact of the alleged abuse on the victim, to explain the dynamics of coercive control and why victims often remain in abusive relationships, to assess the risk of future harm, or to evaluate the perpetrator's insight and capacity to change. Each of these questions requires a different assessment approach and a different area of expertise.
A clinical psychologist assesses the psychological consequences of domestic abuse on the victim, including PTSD, complex trauma, anxiety, and depression. The assessment uses validated tools such as the Clinician-Administered PTSD Scale (CAPS-5) and the Impact of Event Scale (IES-R). The report addresses the causal link between the alleged abuse and the psychological presentation, and the prognosis for recovery.
A forensic psychologist or specialist in domestic abuse uses structured professional judgement tools — including the DASH (Domestic Abuse, Stalking and Honour-Based Violence) risk assessment and the SARA (Spousal Assault Risk Assessment) — to assess the risk of future violence. These tools provide a structured framework for identifying risk factors and protective factors, and for formulating a risk management plan.
Where the alleged perpetrator is a party to proceedings, a forensic psychologist may be instructed to assess their personality, their insight into the impact of their behaviour on the victim and children, and their capacity to change. This assessment is particularly relevant in cases where contact is sought and the court must weigh the risk of harm against the benefits of the child maintaining a relationship with the parent.
A child and adolescent psychologist assesses the impact of domestic abuse on the child's emotional and behavioural development, their attachment relationships, and their understanding of the abuse. The assessment informs the court's consideration of the child's welfare and the arrangements most likely to promote their recovery.
Coercive control — criminalised under section 76 of the Serious Crime Act 2015 — is a pattern of behaviour that seeks to take away the victim's liberty or freedom and strip away their sense of self. It includes isolation from friends and family, monitoring and surveillance, financial control, threats, humiliation, and the regulation of everyday behaviour.
Courts frequently struggle to evaluate coercive control because it does not leave visible injuries and because victims often minimise or rationalise the behaviour. Expert evidence from a psychologist with specialist knowledge of coercive control dynamics can assist the court in understanding why a victim may have remained in the relationship, why they may have retracted allegations, and why their account may appear inconsistent.
Evan Stark's model of coercive control — which underpins the statutory definition in the Domestic Abuse Act 2021 — frames the behaviour as a liberty crime rather than a series of discrete incidents. An expert who can explain this framework to the court, and apply it to the specific facts of the case, provides evidence of a qualitatively different kind from a witness who simply recounts incidents.
The psychological impact of the alleged abuse on the victim, with reference to validated clinical measures.
The dynamics of coercive control and how they apply to the specific facts of the case.
The risk of future harm to the victim and children, assessed using structured professional judgement tools.
The perpetrator's insight and capacity to change, where the perpetrator is assessed.
The impact of the abuse on the child's development and attachment relationships.
The arrangements most likely to promote the child's welfare and safety.
The court's permission is required before an expert can be instructed in family proceedings under FPR Part 25. In domestic abuse cases, the application should be made at the earliest opportunity — ideally at the first hearing — to avoid timetable delays. The letter of instruction must set out the specific questions the expert is asked to address, the documents they should review, and the timetable for the assessment.
Where both the victim and the alleged perpetrator are to be assessed, separate experts are usually instructed to avoid any conflict of interest. The court may direct that the experts meet to discuss their findings before the final hearing, and that they produce a schedule of agreed and disputed matters.
Selecting the right expert
Not all psychologists have specialist expertise in domestic abuse and coercive control. The instructing solicitor should confirm that the expert has specific training and experience in this area, is familiar with the DASH and SARA risk assessment tools, and has experience of giving evidence in family proceedings. Expert Witness UK can identify the right specialist for your case.
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We match you with psychologists and forensic specialists experienced in domestic abuse and coercive control assessments under FPR Part 25.
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