How Domestic Abuse Changes Proceedings
Where domestic abuse is alleged in family proceedings, the court must consider whether a fact-finding hearing is necessary to determine the allegations before making any child arrangements orders. Practice Direction 12J of the Family Procedure Rules sets out the approach the court must take when domestic abuse is raised.
The Presumption Against Direct Contact
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Where there are allegations of domestic abuse, there is no automatic presumption that direct contact between the alleged abuser and the child is safe. The court must first establish the facts (through a fact-finding hearing if necessary) and then consider whether contact would be safe and in the child's interests in light of those facts.
Protective Orders
If you are experiencing domestic abuse, you can apply for a non-molestation order to protect yourself from harassment, threats, and violence, and an occupation order to regulate occupation of the family home. These orders can be made on an urgent without-notice basis where necessary.
Cross-Examination Restrictions
The Domestic Abuse Act 2021 introduced restrictions on direct cross-examination between parties in family proceedings where one party has been convicted of, or is charged with, domestic abuse against the other, or where a protective order is in place. The court will appoint a legal representative to conduct cross-examination instead.
The Impact on Child Arrangements
Where domestic abuse is proved, the court must consider the impact of the abuse on the child and on the ability of the abused party to care for the child. The court can order supervised contact, contact in a contact centre, indirect contact only, or no contact at all depending on the nature and seriousness of the abuse.