Domestic Abuse Allegations

Domestic abuse allegations frequently arise in family court cases involving children. They are often the main reason a parent’s contact with a child is restricted or denied.

Domestic abuse is defined in Family Procedure Rules Practice Direction 12J, and the definition includes not only physical or sexual violence but also psychological, emotional, and economic abuse, including controlling or coercive behaviour. As the legal definition has broadened, allegations of domestic abuse have become more common in family proceedings.

Fact-Finding Hearings in Domestic Abuse Cases

When allegations are disputed, the family court may decide that a fact-finding hearing is necessary to determine whether the alleged abuse occurred. A fact-finding hearing is more likely to be listed where:

• the allegations are denied
• the allegations are serious in nature
• the outcome would affect child arrangements (for example, overnight contact)

At the fact-finding hearing:

• each side presents evidence
• barristers conduct examination-in-chief of their own witnesses
• barristers cross-examine the other side’s witnesses
• each side makes legal submissions to the judge
• the judge decides whether the allegations are proven on the balance of probabilities

A finding of domestic abuse can significantly affect the court’s decisions about contact, including restrictions or a complete prohibition of contact.

For more detail, see our related article: Family Court Fact Finding Hearings: A Guide.

How We Can Help

If you are involved in family court proceedings involving domestic abuse allegations, our specialist family law barristers can provide support at every stage, including:

Strategic Advice

• Advising on the strength of your case
• Advising on evidence and the likelihood of a fact-finding hearing
• Guidance on how to approach the case strategically and safely

Drafting Court Documentation

• Preparation of position statements
• Drafting witness statements and evidence bundles
• Responding to schedules of allegations

Court Representation

• Representation at fact-finding hearings
• Advocacy and legal submissions before the judge

Why Instruct Demstone Chambers

• Specialist family law barristers experienced in domestic abuse and fact-finding hearings
• Direct access – no solicitor needed
• Flexible appointments, including evenings and weekends
• Virtual meetings where needed
• Clear and realistic advice on likely outcomes
• Cost-effective and tailored support

We work on direct access. This means you can instruct our barristers directly without going through a solicitor. This can save time and reduce costs, while still giving you access to specialist support. Find out more about our direct access offering here.

We represent clients in London, Birmingham, Milton Keynes, Northampton, Bedford, Luton, and across the UK.

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