Domestic Abuse & Protective Orders Domestic Abuse & Protective Orders

• Physical abuse.
• Sexual abuse.
• Threatening or intimidating behaviour.
• Controlling or coercive behaviour.
• Emotional or psychological abuse.
• Financial or economic abuse.

The court recognises that abuse can occur during a relationship and, in some cases, continue after separation.

Importantly, children can also be affected by domestic abuse even if they are not directly targeted. The law recognises that children who see, hear or experience the effects of abuse between their parents can themselves be victims.

When does domestic abuse become relevant in Family Court?

Domestic abuse can arise in a range of family law matters, including:

• Child Arrangements Orders.
• Divorce and separation proceedings.
• Non-Molestation Order applications.
• Occupation Order applications.
• Disputes regarding parental responsibility.
• Specific Issue Orders and Prohibited Steps Orders.

In many children's cases, allegations of domestic abuse are formally raised through court documents and supporting evidence so the Court can consider any risks to the child and the adults involved.

Why is domestic abuse important in children's cases?

The Family Court's primary concern is always the welfare and best interests of the child. Where domestic abuse is alleged, the court will consider:

• Whether the child has been exposed to abusive behaviour.
• The impact of that behaviour on the child's emotional and physical wellbeing.
• Whether there is a continuing risk of harm.
• Whether contact arrangements need to be adjusted to ensure safety.
• What arrangements would best promote the child's welfare in light of the abuse that a parent and / or child has suffered.

The Court does not automatically prevent a child from seeing a parent because allegations have been made. However, concerns regarding safety will be carefully investigated and assessed before final decisions are made.

How are allegations investigated?

When domestic abuse is raised as an issue, the Court may direct further enquiries and assessments. This can involve:

• Information being obtained from the police.
• Reports from CAFCASS.
• Witness statements from the parties.
• Medical evidence.
• Other supporting documentation.

In some cases, the Court may decide a separate hearing is needed to determine whether disputed allegations occurred. This is sometimes referred to as a fact-finding hearing.

The purpose of this hearing is straightforward: the Court considers the evidence and decides which allegations, if any, are proven. If allegations are proven or not proven, this determines the ‘factual matrix’ - in other words, the agreed set of facts the rest of the case moves forward on.

The Role of CAFCASS

CAFCASS (the Children and Family Court Advisory and Support Service) often plays an important role where domestic abuse is raised. A CAFCASS Family Court Adviser may:

• Speak to the parents.
• Obtain safeguarding information.
• Assess any risks to the child.
• Consider the impact of domestic abuse.
• Make recommendations to the Court regarding future arrangements.

Their role is not to take sides but to assist the Court in determining what arrangements are in the child's best interests.

Special Measures and Support During Proceedings

Family Court proceedings can be particularly difficult for individuals who have experienced domestic abuse.

The Court has powers to put measures in place to help vulnerable parties participate safely and effectively. Depending on the circumstances, measures may include:

• Separate waiting areas at court.
• Separate entrances and exits.
• Screens in the courtroom.

The Domestic Abuse Act 2021 introduced additional protections in family proceedings, including provisions designed to stop inappropriate direct cross-examination in certain cases. For example, this could stop an abusive ex-partner without legal representation directly cross-examining a victim of domestic abuse in court.

What if the allegations are disputed?

It is important to remember that allegations are not automatically accepted simply because they have been made.

The Family Court's role is to consider the evidence fairly and reach conclusions based on the information available.

Where allegations are disputed, both parties are entitled to present evidence and explain their position. The Court will then determine what findings, if any, should be made.

At Preston Redman, we advise both individuals raising concerns about domestic abuse and those responding to allegations, ensuring that their cases are presented clearly and effectively.

Why Legal Advice Matters

Domestic abuse allegations can significantly influence the direction of family court proceedings, particularly where children are involved. Obtaining early advice can help you:

• Understand the Court process.
• Gather and preserve relevant evidence.
• Respond appropriately to allegations.
• Protect your position and your relationship with your children.
• Ensure that any safety concerns are properly addressed.

Whether you are raising concerns about abuse or responding to allegations, clear legal guidance at an early stage can make a significant difference.

How Preston Redman Can Help

At Preston Redman, we understand that cases involving domestic abuse are often emotionally challenging and highly sensitive. Our experienced family law team of specialist solicitors provides expert, practical and compassionate advice tailored to your circumstances.

We can help with children proceedings, protective injunctions, fact-finding hearings and all aspects of family law where domestic abuse concerns arise. Our focus is always on providing clear advice in plain English and helping you navigate the court process with confidence. With 150 years’ experience behind us, we’ve supported families across Dorset and beyond for generations. We use modern case management technology to help things move efficiently - without ever losing the compassionate approach that these cases need.

Whether domestic abuse allegations have become an issue in your family court case, or you’ re concerned about how allegations may affect arrangements for your children, Preston Redman’s team are here to help. We’ll give you clear, supportive advice and help you take the right steps to protect both your interests and the wellbeing of your family.