Domestic Abuse Cases

Allegations of abuse are an all too common event in Family Law proceedings. Obviously there are situations where the allegations are true, there is a victim that needs to be protected, and that is right and as it should be. However, there are also cases in which allegations are false, and are used to cause needless distress and delay to the other party.

When Legal Aid was removed in Family Law , there was a sudden increase of allegations of abuse. The simple reason   being that the person making the allegations would usually be granted Legal Aid. That provided them with a Solicitor to run their case and a Barrister at the hearings, all for free.

When the allegations are false, they need to be dealt with. There is little help for parents that find themselves accused of abuse and the whole concept of feeling that everything is against you, that there is no support and linked with the usual added pain of being unable to see your children until the court has assessed the risk, it is a dreadful situation to find yourself in. The Court will often make a Non-Molestation Order without you even being aware of an application being made and from your fist knowledge of this, when a Court Order is served on you, you are on the back foot in a world                                                 that seems alien and makes little sense where everyone else seems to believe                                        your ex and looks down on you as a violent thug.

This situation is unfortunately all too common, but can be dealt with. The court will hold what is known as a 'Return Date Hearing' following the order being made to hear your side of the story and to decide how to continue. You have   options at that stage to have the order removed or watered down. If you wish, the court will order Statements and a Schedule of allegations and move to a Fact Finding Hearing where the court will hear evidence from both sides and make a decision on each allegation.

Representing yourself is possible and it is also possible to prove that the allegations are false. You will need guidance and support through this process as you will need to work your way through a process that makes little sense, and remain                           calm, confident and honest. Being emotional is often the thing that will spoil your chances.

   It is very difficult to shake off the injustice and distress that you have constantly banging inside your head and think  logically and calmly about your situation.

I offer support and guidance through this process which will keep you on track and going in the right direction.

Be Prepared. Be Ready. Be Confident