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Safety · domestic abuse

Domestic abuse support and the MIAM exemption

If you are in immediate danger, call the police[1]. Free, confidential domestic abuse support in the UK is open 24 hours a day, and the helplines are listed on this page[1]. The MIAM exemption for domestic abuse means that, with evidence in a form the rules list, you can apply to court without a MIAM[2][3].

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Last reviewed Sources checked

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Helplines open, every day[1]
To apply for a non-molestation or occupation order[4]
Your exemption evidence is not sent to the other parent[5]

01/ Help now

Getting help now

If you are in immediate danger, call the police[1]. The National Domestic Abuse Helpline is free, confidential and open 24 hours a day[1], and the Men's Advice Line is a confidential helpline for men[1]. Their details are at the foot of this page.

GOV.UK lists separate helplines for Wales, Scotland and Northern Ireland, and the Women's Aid directory of local services[1]. Anyone can be a victim of domestic abuse, and it is not your fault[1].

02/ What counts

What the law calls domestic abuse

Domestic abuse is not always physical violence[1]. The Domestic Abuse Act 2021 defines it as abusive behaviour between people aged 16 or over who are personally connected[6]. That includes:

  • physical or sexual abuse[6];
  • violent or threatening behaviour[6];
  • controlling or coercive behaviour[6];
  • economic abuse, such as control of money[6];
  • psychological, emotional or other abuse[6].

It can be a single incident or a pattern over time[6].

03/ The exemption

The MIAM exemption for domestic abuse

Most people must attend a MIAM before applying to the family court about children or money[7][8]. The requirement does not apply where there is evidence of domestic abuse in one of the forms Practice Direction 3A lists[2].

You claim it on your application: in the MIAM section of Form C100 for children cases[9], or section 3a of Form A for financial cases[10]. The evidence goes to the court with your application, and it does not need to be served on the other parent[5]. If you cannot provide it, Form A has a box to explain why[10].

The court checks the claim when it allocates a children case, or by the first hearing in a financial case[11]. Where the domestic abuse exemption is claimed, you do not file the form setting out your views on mediation before the first hearing[12].

04/ The evidence

The evidence the rules list

These are the forms of evidence in Practice Direction 3A[3]:

  • an arrest, police caution, ongoing criminal proceedings or conviction for a domestic abuse offence, or a court order binding someone over for one[3];
  • a domestic abuse protection notice, a protective injunction such as a non-molestation order, or an undertaking given to a family court[3];
  • a finding of fact, or an expert report, in UK court proceedings[3];
  • a letter or report from a health professional who examined you and found injuries or a condition consistent with domestic abuse, or confirming they referred you to a specialist domestic abuse service[3];
  • a letter from an independent domestic violence adviser, an independent sexual violence adviser, or a member of a multi-agency risk assessment conference[3];
  • a letter from a domestic abuse support organisation or charity that has supported you, a local authority or housing association support officer, or a public authority[3];
  • a letter confirming a refuge refused admission, or a Home Office letter granting leave to remain as a victim of domestic abuse[3];
  • evidence of abuse relating to money (financial abuse)[3].

This is the list in Practice Direction 3A[3]. Whether your evidence meets it is for the court to decide[11]. Every other exemption is on MIAM exemptions.

05/ Protection

Court orders that protect you

If you have been a victim of domestic abuse, you can apply for an injunction[4]. A non-molestation order protects you or your child from being harmed or threatened; an occupation order decides who can live in or enter the family home[4]. In some areas you can apply for a domestic abuse protection order[4].

You apply on Form FL401, and there is no court fee[4]. The person named can be arrested if they break the order[4]. Charities can advise you on applying[4].

07/ If you go to a MIAM

What a mediator does if you disclose abuse

Your application can contain either a mediator's confirmation that you attended a MIAM or a claimed exemption[16]. If you attend a MIAM, you meet the mediator on your own[17]. The mediator must assess whether there has been, or is a risk of, domestic abuse or harm to a child[18].

Where the mediator assesses that mediation is not safe or not suitable, they must not mediate[19]. If mediation is not going ahead, the only reason they give the other parent or the court is that mediation is not suitable at present[19]. They must point you to the steps needed for your safety or your children's, even if the MIAM cannot be paid for[19].

If mediation does go ahead, you do not have to be in the same room or on the same call as the other parent[20]. See when mediation is not suitable and shuttle mediation.

08/ Questions

Frequently asked questions

Do I have to attend a MIAM if I have experienced domestic abuse?

The rules exempt applications where there is evidence of domestic abuse in a form Practice Direction 3A lists[2][3]. You claim the exemption on your application form[10].

What evidence counts for the MIAM exemption for domestic abuse?

The listed forms include a police caution or conviction, a protective injunction, and letters from a health professional, domestic abuse adviser or support organisation[3].

Will the other parent see my evidence?

The evidence goes to the court with your application, but it does not need to be served on the other parties[5].

What if I do not have any of the listed evidence?

The domestic abuse exemption needs evidence in one of the listed forms, which include a letter from a domestic abuse support organisation that has supported you[2][3]. The rules also have an urgency exemption where there is a risk to your life, liberty or physical safety[21].

Is there a fee for a non-molestation order?

No. There is no fee to apply for a non-molestation or occupation order[4].

Can men get domestic abuse support?

Yes. Anyone can be a victim, and the Men's Advice Line is a confidential helpline for men[1].

Can I still try mediation if there has been abuse?

The mediator must assess the risk of domestic abuse, and must not mediate if it is not safe or suitable[18][19]. You do not have to be in the same room as the other parent[20].

09/ Sources

Sources we checked

  1. Domestic abuse: how to get help — Home Office, GOV.UK
  2. FPR r3.8 · PD3A
  3. Practice Direction 3A — Ministry of Justice
  4. Get an injunction if you've been the victim of domestic abuse — GOV.UK · Form FL401 — HMCTS, GOV.UK
  5. Practice Direction 3A — Ministry of Justice
  6. Domestic Abuse Act 2021, section 1 — legislation.gov.uk
  7. legislation.gov.uk — CFA 2014 s10
  8. Family Procedure Rules, Part 3 — Ministry of Justice · Practice Direction 3A — Ministry of Justice
  9. GOV.UK — Form C100
  10. Form A (05.26), PDF — HMCTS · Form A: notice of intention to proceed with a financial order — GOV.UK
  11. Family Procedure Rules, Part 3 — Ministry of Justice · Practice Direction 3A — Ministry of Justice
  12. Practice Direction 3A — Ministry of Justice
  13. Legal aid: what you can get legal aid for — GOV.UK
  14. Check if you can get legal aid — GOV.UK
  15. GOV.UK — mediation
  16. FPR Part 3, r3.7
  17. FMC MIAM Standards (Aug 2022) PDF
  18. Family Procedure Rules, Part 3 — Ministry of Justice
  19. FMC MIAM Standards (Aug 2022), PDF — Family Mediation Council
  20. Make an agreement through mediation — GOV.UK
  21. Family Procedure Rules 2010, rule 3.8 (as amended) — legislation.gov.uk

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