In April new guidance was issued around the role of IDVAs and ISVAs in court. These advisors provide essential support for victims and survivors of domestic and sexual violence. They are trained professionals who offer emotional support, practical assistance, and information to those affected by these crimes.
What is an IDVA?
IDVA stands for “Independent Domestic Violence Adviser”. An IDVA is a trained professional who provides emotional and practical support to victims of domestic violence or abuse. They work independently from the police and other statutory agencies to ensure that victims receive the support they need to be safe and to make informed choices about their future.
IDVAs can provide a range of services to victims of domestic violence, including risk assessment, safety planning, crisis intervention, and advocacy. They can also provide information and advice on legal and financial issues, such as obtaining a restraining order or accessing benefits.
The role of an IDVA is to empower victims of domestic violence and to help them regain control of their lives. They work closely with other professionals, such as social workers and healthcare providers, to ensure that victims receive coordinated and effective support.
What is an ISVA?
ISVA stands for “Independent Sexual Violence Adviser”. An ISVA is a trained professional who provides emotional and practical support to individuals who have experienced sexual violence or abuse, regardless of when the abuse occurred.
The role of an ISVA is to help survivors navigate the criminal justice system and other services, while providing emotional and practical support throughout the process. Like IDVAs, they work independently from the police and other statutory agencies to ensure that survivors have access to the support they need.
And in a similar way to an IDVA, ISVAs can provide a range of services to those involved in sexual violence, including risk assessment, safety planning, crisis intervention, and advocacy. They can also provide information and advice on legal and medical issues, such as reporting the crime to the police or accessing medical services.
The main goal of an ISVA is to empower survivors of sexual violence to make informed choices about their recovery and to support them in their journey towards healing. They work closely with other professionals, such as counsellors and healthcare providers, to ensure that survivors receive coordinated and effective support.
IDVAs and ISVAs in Court Proceedings
An IDVA or ISVA can support you in court if you are involved in family proceedings related to domestic or sexual violence.
However, the court has the discretion to refuse the presence of the advisor during the hearing if it determines that it would not be in the interests of justice. This decision should be based on specific reasons, which the court must provide in writing.
If the court decides that the IDVA/ISVA should not be present during the hearing, you may appeal the decision.
It is important to note that an IDVA/ISVA cannot provide legal advice or represent you in court. However, they can provide emotional support, practical assistance, and information about the legal process, such as explaining the court proceedings, providing information on legal aid, and helping you understand any court orders made.
If you require legal advice or representation, you should seek assistance from a solicitor, such as these solicitors in Chelmsford, or other legal professional. An IDVA/ISVA can help you find appropriate legal services and refer you to other professionals who can provide further support.
Grounds for Denying IDVA/ISVA Support
· The court may deny the presence of an IDVA/ISVA if their support would undermine or has undermined the interests of justice, or if the support is being provided for an improper or unreasonable purpose.
· The court must also ensure that the IDVA/ISVA is not conducting the litigation directly or indirectly and that they understand the duty of confidentiality.
However, the following are not valid reasons for denying support during hearings:
· The case is straightforward
· The party appears capable of conducting the case without such support
· The party is unrepresented, whether by choice or otherwise
· The other party is unrepresented
· The IDVA or ISVA belongs to an organisation that promotes a particular cause
· The proceedings are confidential, including where the court papers contain sensitive information about the family’s affairs.
Can the Other Party Object?
The other party can object to an IDVA or ISVA being present, and they must provide sufficient reasons to justify their objections.
The court will consider the objection and determine whether the presence of the IDVA or ISVA during the hearing is in the interests of justice. The victim has the right to receive support from their IDVA or ISVA, and the court will take this into account when deciding whether to allow the support to continue.
The objecting party must clearly explain their objections, and the person receiving the support should be given the opportunity to explain why the IDVA or ISVA should continue to be present. The court will consider the issue carefully and ensure that it is fair to both parties before making a decision.
Final Thoughts
During court proceedings, victims and survivors have the right to have their IDVA or ISVA present to support them before or after the hearing. However, the court has the discretion to refuse the presence of the advisor during the hearing if it determines that it would not be in the interests of justice.
