Domestic abuse evidence and the MIAM exemption
Key facts
- If you have evidence of domestic abuse by the other person, you do not need a MIAM before applying to court.
- Accepted evidence includes police and court records, and letters from health professionals, local authorities and domestic abuse support services.
- You claim the exemption by ticking the relevant section of the C100 or Form A; you must hold the evidence, but do not usually attach it.
- Similar evidence can qualify you for legal aid, making legal advice and representation free or lower cost.
- The exemption is a right, not an obligation: some people still choose safeguarded forms of mediation, and that choice is theirs.
The MIAM requirement was written with an important exception at its heart. Parliament and the rule-makers understood that asking someone to attend a mediation-focused meeting about their abuser is wrong in principle and unsafe in practice, so the rules carve out a clear exemption where there is evidence of domestic abuse. If this page applies to you, you can go straight to court without the meeting described in our guide to what a MIAM is.
This page explains what counts as evidence, how to claim the exemption on your court form, how the same evidence connects to free legal help, and what safeguarded mediation looks like for those who consider it. If you are in immediate danger, call 999. For confidential support at any hour, the National Domestic Abuse Helpline is on 0808 2000 247.
Why the exemption exists
Mediation assumes two people who can negotiate freely. Domestic abuse, which includes controlling and coercive behaviour as well as physical violence, removes exactly that freedom. A person who has spent years managing their partner’s reactions cannot suddenly bargain with them as an equal, however skilled the mediator. The rules therefore treat evidenced abuse as a complete answer to the MIAM requirement: no meeting, no explanation to a mediator, no delay.
The exemption sits in rule 3.8 of the Family Procedure Rules, with the accepted forms of evidence listed in Practice Direction 3A. The list is deliberately wide, and was drawn to mirror the evidence accepted for legal aid, so one set of documents often opens both doors. If you are weighing up whether the exemption fits your situation, the broader picture of all the exemptions is on our MIAM exemptions page.
The evidence the rules accept
You need one piece of evidence from the list, not several. The table groups the main accepted types in plain English; the full legal wording is in Practice Direction 3A.
| Type of evidence | Examples |
|---|---|
| Police and criminal justice | An arrest, caution, charge, ongoing prosecution or conviction for a domestic abuse offence against you. |
| Court orders and findings | A protective injunction such as a non-molestation or occupation order, an undertaking given in court, or a court finding of fact that abuse occurred. |
| Health professionals | A letter from a GP, doctor, nurse, midwife or health visitor confirming an examination and that your injuries or condition were consistent with domestic abuse. |
| Specialist support services | A letter from a domestic abuse support organisation, refuge, or an independent domestic violence or sexual violence adviser (IDVA or ISVA) confirming support for you as a victim. |
| Public and multi-agency bodies | A letter from a local authority or social services confirming a risk assessment, or evidence of a referral to a multi-agency risk assessment conference (MARAC). |
| Other categories in PD3A | The full list includes further categories, such as evidence connected to immigration domestic abuse rules and abuse of a financial nature; check Practice Direction 3A or ask an adviser if none of the above fits. |
Two reassurances are worth stating plainly. Evidence does not have to be recent in every category, so historical records can still count; check the specific category’s wording. And you do not need a conviction: the list exists precisely because most abuse never reaches a criminal court.
Getting a letter if you have no formal records
Many people who have experienced abuse never called the police. If that is you, the health and support-service categories are usually the way in. A GP you have spoken to about the abuse, or its effects on your health, can write a confirming letter; practices are familiar with the request, though some charge an administration fee. A domestic abuse charity or local support service that has worked with you can also provide one, normally free of charge.
If you have not yet told anyone, telling your GP or a support service now still works: the letter confirms their professional assessment, not a historical file. The National Domestic Abuse Helpline (0808 2000 247, free, 24 hours) can point you to local services that provide this kind of letter, alongside practical and emotional support.
How to claim the exemption on your court form
On the C100, the form used to apply for a child arrangements order or other section 8 order, there is a section covering the MIAM requirement and exemptions. You tick the domestic abuse exemption and indicate which type of evidence you hold. On Form A, for financial applications, the equivalent section works the same way. You do not normally attach the evidence itself when you apply, but you must have it, because the court can ask to see it when the application is reviewed.
Since April 2024 the courts have checked exemption claims more carefully, which works in favour of genuine claims: the scrutiny is aimed at people ticking boxes tactically, not at abuse survivors. If your evidence is on the list, the exemption is yours as of right. Where the abuse is also relevant to the orders you are asking for, the C100 has a separate section, and a supplementary form called the C1A, for setting out the harm itself.
As of 13 July 2026 the court fee is £270 for a C100 and £321 for a contested Form A, though fee remission may apply if you are on a low income. How the exemption fits into the wider application process is covered on the C100 and the MIAM.
The same evidence can qualify you for legal aid
Legal aid for family court representation was heavily restricted in 2013, but it survives for domestic abuse cases. If you have evidence of abuse from a list very similar to the MIAM exemption list, and you pass the means test on income and capital, legal aid can cover legal advice and representation in children and financial proceedings, not just mediation.
This matters because facing an abusive ex in court without representation is a heavy ask. Check your position early on GOV.UK’s check if you can get legal aid tool, and gather your evidence once for both purposes. Our page on legal aid for mediation explains the means test, which uses the same thresholds.
The law
Domestic abuse is defined in the Domestic Abuse Act 2021 and includes physical violence, threats, controlling or coercive behaviour, and economic, psychological or emotional abuse. The MIAM exemption in the Family Procedure Rules uses this wide definition: the accepted evidence list in Practice Direction 3A covers far more than physical injury.
If you still want to consider mediation
The exemption removes the obligation; it does not remove the option. Some people with abuse in their history still choose mediation, usually where the abuse is not ongoing, the power imbalance is manageable, and court feels worse than a carefully controlled process. That choice deserves respect in both directions: no one should be pushed into mediation because it is cheaper, and no one should be told they are wrong to want a say in their own arrangements.
Where it goes ahead, mediation is adapted. Shuttle mediation keeps you in separate rooms, or on separate video calls, with the mediator moving between you, so you never face your ex directly. Arrival and departure times are staggered, addresses withheld, and a support person can sometimes sit with you. The mediator screens for safety at the MIAM and keeps screening throughout; they will stop the process if it becomes unsafe or unbalanced.
A mediator can also conclude that mediation should not happen at all, whatever you both say, and that professional brake exists for good reason. The full picture, including questions to ask a mediation service about their safeguarding, is on domestic abuse and mediation, with shuttle mediation covered separately.
Support beyond the paperwork
Court forms and evidence lists are the administrative edge of something much harder, and nobody should work through it alone. The National Domestic Abuse Helpline (0808 2000 247) is free, confidential and answers around the clock, and local domestic abuse services offer practical help with everything from safety planning to accompanying you to appointments.
If children are involved, the arrangements the court eventually makes will centre on their welfare, and evidence of abuse feeds directly into that assessment through Cafcass, the service that advises family courts about children. Take advice, take support, and take the process at a pace that keeps you and your children safe.
Frequently asked questions
Do I have to attend a MIAM if I have experienced domestic abuse?
No, provided you hold one of the accepted forms of evidence listed in Practice Direction 3A, such as a police record, a protective injunction, or a letter from a GP or domestic abuse support service. You claim the exemption on your C100 or Form A and can apply to court straight away.
What if I never reported the abuse to the police?
You can still qualify. The evidence list deliberately goes far beyond police records: a letter from a GP or other health professional, a domestic abuse support organisation, an IDVA, or a local authority all count. Speaking to your GP or a support service now can produce a qualifying letter even if you have never disclosed the abuse before.
Do I send my evidence to the court with the application?
Not usually. You tick the exemption on the form and state the type of evidence you hold. The court can ask to see it when reviewing the application, so keep it safe and accessible. If the abuse is also relevant to the orders you seek, the C1A supplementary form is where the details go.
Does controlling or financial abuse count, or only violence?
Abuse in all its forms counts. The law defines domestic abuse to include controlling or coercive behaviour and economic, psychological and emotional abuse, not only physical violence. The evidence categories reflect that: a support service or health professional can confirm abuse that never left a visible mark.
Can I choose mediation even though I qualify for the exemption?
Yes. The exemption is a protection, not a prohibition. Some people choose adapted formats such as shuttle mediation, where you never share a room or a screen with your ex. A mediator will assess safety carefully at a MIAM and will only proceed, and continue, if satisfied the process is safe for you.
Sources
- Practice Direction 3A, Family Procedure Rules, the full list of accepted domestic abuse evidence for the MIAM exemption (accessed July 2026).
- Family Procedure Rules, Part 3, rule 3.8, the exemption itself and how it is claimed (accessed July 2026).
- GOV.UK: check if you can get legal aid, the eligibility checker for legal aid with domestic abuse evidence (accessed July 2026).
- GOV.UK: apply for a court order about your children, the C100 application process where the exemption is claimed (accessed July 2026).
- Cafcass, the service that advises family courts on children’s welfare, including where abuse is raised (accessed July 2026).
- GOV.UK: family court fees (EX50), the application fees quoted as of 13 July 2026.