What are domestic abuse allegations?
Domestic abuse allegations are gravely serious matters. Such allegations should not be made lightly, as the implications of being found to have engaged in such behaviour are very often life-changing for the accused person. Unfortunately, people often make false domestic abuse allegations to gain an advantage in family court cases. For example, in a child custody case, people often make false domestic abuse allegations to try to influence the court’s decision regarding a child’s living arrangements and even whether the accused person should have any contact with the child at all.
The definition of domestic abuse is set out in practice direction 12J of the Family Procedure Rules (https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12j#4a) In accordance with that definition, domestic abuse can take several forms, including physical violence, emotional abuse, financial abuse, and coercive control. As a consequence of this broad definition, the range of allegations – including false ones – that can be made is very wide.
How domestic abuse allegations can impact a case
The family court treats all allegations of domestic abuse very seriously. Every person who makes an allegation, even a false one, has the right to be heard. Unfortunately for those who are the victim of false allegations, the procedure and practice of the family court is usually to limit or even stop all contact with the child unless the allegations have been determined (i.e., a decision made on them) in a “fact-finding hearing” (https://demstonechambers.co.uk/what-happens-in-a-family-court-fact-finding-hearing/ ). The victim of the false allegation therefore faces the double injustice of being the subject of false allegations and of facing restrictions on their contact with their child.
How our domestic abuse lawyers can help
If you are the victim of false allegations of domestic abuse in family court proceedings, it is time to consider legal help. Demstone Chambers, direct access barristers are expert domestic abuse lawyers. We can support you throughout the family court process
Our members have years of experience in dealing with false domestic abuse allegations cases and are experts in all the nuances and strategies of defending such allegations. We typically help clients in a number of ways. We help clients to devise strategies to defend themselves against false allegations, and thereby guide them through the process. We advise on evidence, including by rigorously examining material such as police disclosure logs, social services or medical records, and false witness statements made by accusers. Ultimately, we appear in court and defend our clients robustly.
What to expect from your first call with our barristers
In your first call with us, our main concern is to listen to you and understand your situation. This is not only because we want you to feel understood, but also because this information is vital to us when working to build a strategy for the case moving forward.
Other services that our domestic abuse lawyers offer
Here at Demstone Chambers, our domestic abuse lawyers are also able to support you in all family law-related matters. These include, but are not limited to:
- Family financial proceedings (aka “financial remedies” or “matrimonial finance”)
- Child contact disputes
- Domestic abuse allegations
We can offer our services either fully or flexibly. This means that whether you need our expertise for one area of your case only or instead want us to represent you over the full case from start to finish, we can help. We can offer expert advice on:
- Strategy
- Drafting legal documentation
- Representation in the Family Court
Who are we?
Demstone Chambers are specialist family law barristers. We are based in Milton Keynes, but we can also help clients in London, Birmingham, Coventry, and across the UK when required. As a direct access barristers chambers, we are able to offer legal services to both family law solicitors and members of the public directly through the Bar Standards Board’s direct access scheme.
Please call our office on +44 330 390 9290 if you have a family law problem
Read articles written by our team of expert barristers here