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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Fact finding hearing - domestic abuse

3 replies

user765 · 13/01/2020 19:27

What happens when the court makes a finding of facts relating to domestic abuse? I’ve been continually told by professionals, including CAFCASS that my abusive ex was and still is through actions they are witnessing, controlling and coercive and that it is a criminal offence for which he can be prosecuted. BUT the police say my evidence doesn’t meet ‘evidential threshold’. A fact finding hearing has now been listed as part of family court.

If family court decide he was controlling and coercive, can they do anything to stop him? (I have basically a non mol already but with no power of arrest and it makes very little difference). Thanks

OP posts:
Vickyglitz · 31/01/2020 20:44

Similar position in that police say there's not enough. How did you fare?

Crazycatlady83 · 31/01/2020 20:49

Non-molestation orders do not require a power of arrest to be attached (and haven’t done since around 2008) Breach of a order is an arrestable offence and therefore a police officer can arrest a offender if he has reasonable grounds to believe a offence has taken place.

Is the finding of fact hearing taking place in non-molestation proceedings or in children act proceedings?

Have you got a solicitor?

OhioOhioOhio · 31/01/2020 20:52

I don't know but I'm very sorry.

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