A fall in the number of domestic abuse injunctions may be caused by victims not engaging with the legal system, according to a study published by the Legal Services Commission.

The Domestic Abuse Literature Review, published last week, says the commission should improve access to justice for ‘hard-to-reach’ victims, who are more likely to seek help from outside the legal system than within it.

Author Mandy Burton, a researcher at the University of Leicester’s School of Law, also recommends that the LSC retains specialist services, as solicitors who do not specialise in domestic violence can give inappropriate or unsympathetic advice. One of the key factors influencing the use of civil remedies is the quality of advice victims receive.

The research was commissioned by the LSC following anecdotal evidence from judges and the Ministry of Justice suggesting a decline in the number of applications for injunctions in domestic abuse cases.

The number of non-molestation orders has been falling since 2002, with a 15% drop between 2002 and 2006. However the rate of decline accelerated in July 2007, when breaches of non-molestation injunctions were criminalised by the Domestic Violence, Crime and Victims Act 2004. Burton concludes that it is too early to determine whether the change in the law is responsible for the decline.

Jane Wilson, chairwoman of Resolution’s domestic violence committee, said that the number of applications for public funding for injunctions has fallen by an even sharper rate, suggesting that legal aid funding issues are partly responsible for the decline. She warned that proposals in the LSC’s civil fees consultation to remove the 15% uplift for specialists would discourage lawyers from specialising in the field.

The LSC said it is exploring ways to give legal advice to women in settings such as refuges rather than in solicitors’ offices. ‘Traditional face-to-face services are not always appropriate for this group – the unfamiliar environment of a solicitor’s office can be threatening and distressing,’ Sara Kovach-Clark, head of family development policy at the LSC, said.