Expert Family Law Barristers for Domestic Abuse Allegations in Milton Keynes
Strategic Representation in Domestic Abuse Allegations & Family Court Fact-Finding Hearings
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Allegations of domestic abuse often arise in family proceedings involving children matters. They are the most common reason for a parent’s contact with a child being denied.
Domestic abuse is defined in the Family Procedure Rules Practice Direction 12J. While people usually associate domestic abuse with physical or sexual violence, the definition has, in recent times, expanded to incorporate economic and psychological abuse, including controlling and coercive behaviour. This broadened definition has led to an increased volume of allegations being made.
When these allegations are made in the course of family proceedings, the family court must decide whether it is necessary to hold a fact-finding hearing to determine the truth of the allegations. A fact-finding hearing will usually be listed if the allegations are denied; serious in nature; and would impact child arrangements (for example, whether a child should live or stay overnight with the parent).
At the hearing, both sides present their evidence. Each party’s barrister conducts examination-in-chief of their own witnesses and cross-examines those of the other side. The barristers then make legal speeches (also known as submissions) to the judge. Following this, the judge decides whether, on the balance of probabilities, the alleged abuse did or did not occur. The decision almost always has a big impact on what contact the court orders between the child and the accused person. If allegations are found to be proved, then contact may be restricted or prevented completely. For more detail on domestic abuse and fact-finding hearings, see our article: Family Court Fact Finding Hearings: a Guide.
How we can help – Contact Demstone Chambers
If you are going through family court proceedings involving domestic abuse allegations, we can provide full or specific services depending on your needs, including:
- Strategic Advice: We can advise you generally on your application, including providing guidance on the strength of your potential case.
- Drafting Court Documentation: We can assist in preparing the necessary documentation for applications, such as position statements, witness statements, and responses to schedules of allegations.
- Family Court Representation: Our experienced advocates can appear at the Fact-Finding Hearing to represent you.
We recognise the sensitive and high-stakes nature of domestic abuse allegations. To support our clients with the emotional and financial challenges involved, we provide flexible and cost-effective services. You can instruct us on a direct access basis without needing to go through a solicitor first, saving you both time and money. We represent clients in Milton Keynes, Northampton, Bedford, Luton, London, Birmingham, and across the UK.n solicitor fees and working directly with your barrister.
If you are considering or already involved in proceedings involving domestic abuse allegations, contact our team of specialist barristers:
Our expert barristers are here to help.
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