Going to court is one of the most daunting parts of the domestic abuse journey. Many survivors feel a complex mix of emotions. Relief that something is finally happening. Fear about facing their abuser. Anxiety about being believed. Exhaustion at having to relive everything in a formal setting.
This guide explains what the process looks like. It covers who supports you, what your rights are and what to do if the outcome feels unjust.
If you are in immediate danger please call 999. National Domestic Abuse Helpline: 0808 2000 247 — free, 24 hours, 7 days a week.
Why Cases Go to Court
Not all domestic abuse cases go to court. The police handle some through cautions or restraining orders. However when police have sufficient evidence, they refer the case to the Crown Prosecution Service. The CPS then decides whether to charge the perpetrator.
Once the CPS takes on a case, they own the decision to prosecute — not you. Even if you later decide you do not want to give evidence, the case may still go ahead. This protects victims from pressure to drop charges.
The Two Types of Criminal Court
The court depends on how serious the offence is.
The Magistrates’ Court handles less serious offences — common assault, harassment and lower-level coercive control. Magistrates decide these cases, not a jury. They move more quickly than Crown Court cases.
The Crown Court handles more serious offences — grievous bodily harm, rape, serious coercive control and attempted murder. A judge and jury hear these cases. They take longer and follow a more formal process.
There is also the Family Court. It handles child arrangements and civil protection orders. It operates separately from the criminal courts. More on this below.
Who Supports You — Understanding the Roles
Going to court involves several different people. Knowing who does what makes the process less confusing.
The police assign you a Witness Care Officer once they charge the case. This person keeps you updated, answers your questions and helps you access support. They are not a legal adviser or counsellor, but they are your key contact throughout the process.
An Independent Domestic Violence Advisor — an IDVA — specialises in supporting high-risk victims through the criminal justice system. An IDVA attends court with you, liaises with the prosecution on your behalf and helps you access emergency accommodation and other services. High-risk victims should receive an IDVA automatically. If nobody has mentioned this, ask your Witness Care Officer or local domestic abuse service.
An Independent Sexual Violence Advisor — an ISVA — provides the same specialist support for survivors of sexual violence. If your case involves sexual assault or rape, an ISVA guides you through both the investigation and the court process. They explain your options, prepare you for giving evidence and make sure you know about all special measures available to you.
The Witness Service runs in every criminal court in England and Wales. Citizens Advice operates it. It offers free, confidential support before, during and after the trial. Someone can sit with you on the day. You do not need to book in advance and you do not need a high-risk assessment to use it.
Keep Your Evidence
Start keeping evidence as early as possible. Take photographs of injuries. Screenshot threatening or controlling messages. Save voicemails and emails. Write down incidents with dates and times. Keep any medical records relating to injuries.
If you are not sure what matters, keep everything. A specialist domestic abuse solicitor or your IDVA can tell you what is most likely to help your case.
Video Evidence and Physical Examination
In sexual assault cases, police may record your evidence in advance via an Achieving Best Evidence interview — an ABE interview. Specially trained officers conduct this. The court plays the recording, so you do not have to retell events in the courtroom. You may still face cross-examination via video link, but you do not have to appear in person.
If you need a physical examination — to document injuries or evidence of sexual assault — you have the right to a chaperone throughout. Nobody should examine you alone without your consent. A Sexual Assault Referral Centre — a SARC — carries out forensic medical examinations in a sensitive, supportive environment. You can self-refer to a SARC even before you report to the police.
Special Measures
Victims of domestic abuse can apply for special measures in court. These reduce the trauma of giving evidence. Options include giving evidence behind a screen so you cannot see the defendant, giving evidence via live video link from a separate room, having a supporter present while you give evidence and clearing the public gallery.
Your Witness Care Officer or the prosecutor should raise special measures with you. If they do not, ask. You also have the right to visit the court before the trial. Seeing the space in advance reduces anxiety on the day. Ask your Witness Care Officer to arrange this visit.
On the Day
Ask your Witness Care Officer to arrange separate arrival times and entrances from the defendant. Tell them in advance if you are worried about running into them.
Bring a friend or supporter if you can. Court days involve a lot of waiting. Bring water and anything that helps you feel calm. Let your Witness Care Officer know when you arrive.
When you give evidence, the prosecutor asks you questions first. Then the defence barrister cross-examines you. The defence barrister’s job is to challenge your account. This can feel hostile. It is not personal — it is their role.
Take your time before you answer. Say so if you do not understand a question. Ask for a break if you need one. You can refer to your witness statement at any point.
The Family Court
The Family Court handles civil matters — child arrangements and protection orders. It operates completely separately from the criminal courts. You do not need a criminal case in progress to use it.
Through the Family Court you can apply for a non-molestation order. This legally stops your abuser from contacting or threatening you. You can also apply for an occupation order. This can require them to leave the family home.
You may qualify for legal aid for Family Court proceedings as a domestic abuse victim — even if you would not qualify financially in other circumstances. Seek a solicitor who specialises in domestic abuse cases. A specialist understands the dynamics of abuse in a way a general family law practitioner may not. The difference in their approach can be significant.
If the Outcome Feels Unjust
A not guilty verdict does not mean the court disbelieved you. It means the prosecution could not prove the case beyond reasonable doubt. That standard is extremely high. It is also subjective. Juries and magistrates make decisions based only on the evidence in front of them.
The criminal justice system is improving — but it is still imperfect. Cases still fail that should not. Survivors are still let down.
If this happens to you, hear this clearly. It does not mean you were not believed. It does not mean what happened was not real. The system failed you. That is not the same as you failing.
You can still apply for civil protection orders through the Family Court. Courts can still grant restraining orders after an acquittal. Every domestic abuse support service remains available to you. And you can still heal.
A Final Word — From Someone Who Has Been There
Tracey, founder of itsfinished.com, has first-hand experience of the court process following serious domestic abuse. She knows what it feels like to sit in that building, to give evidence, to wait for a verdict and to carry the weight of a system that does not always get it right. That lived experience is at the heart of everything itsfinished.com offers.
If you are going through this process — or recovering from it — trauma-informed therapy is available online from anywhere in the UK or in person in Leeds. You do not have to navigate the aftermath alone.
Book a free 15-minute introductory call with Tracey →
National Domestic Abuse Helpline: 0808 2000 247 (free, 24 hours) Refuge: refuge.org.uk Women’s Aid: womensaid.org.uk Citizens Advice Witness Service: citizensadvice.org.uk Find your nearest SARC: nhs.uk/live-well/sexual-health/help-after-rape-and-sexual-assault
This article provides general information about the court process in England and Wales. It is not legal advice. If you need specific legal guidance please contact a solicitor or Citizens Advice.
