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Can Family Court Disclosures adversely effect criminal court case?

11 replies

BrokenByThis · 21/05/2022 10:32

Going through family courts for custody against abusive ex.

The judge has requested all police and social work documents on record.

However, the police are investigate rape and sexual assault claims and it's a really strong case with strong evidence.

I am worried this evidence being disclosed will bring the rape case down but when I asked the police officer I was told he's aware of some of the evidence so it won't be a problem.

But when I told my brother everything is to be disclosed in family court he was worried it could bring the rape case down.

Is that a concern?

OP posts:
BrokenByThis · 21/05/2022 16:51

Thought some police or judges might be knocking around and able to answer!

OP posts:
prh47bridge · 21/05/2022 20:11

All the evidence has to be disclosed to him prior to the criminal case anyway, so it shouldn't make any difference.

Collaborate · 21/05/2022 22:16

I’d expect the police would refuse to disclose much of the evidence until after the criminal case has come to an end.

BrokenByThis · 22/05/2022 00:10

Thank you for your replies.

May I ask why they wouldn't disclose it all until the end?

OP posts:
Nat6999 · 22/05/2022 00:12

Be careful, my rape case against dh was compromised by the family courts & me being forced to speak to exh by Caffcass & the CPS wouldn't accept the case.

TizerorFizz · 22/05/2022 01:43

Surely the evidence for a prosecution being pushed by the CPS isn’t the same as required by the family court with no CPS involved? They are not making the same judgement regarding the evidence. However not altering what you say is important. The CPS need to be sure the case will stack up in a criminal court. Not the same as the family court.

Nat6999 · 22/05/2022 03:11

I got told by the police that if exh had raped me there would be no chance of me sitting in a room with him, I was ordered by the family court judge, what could I do?

BrokenByThis · 22/05/2022 06:19

Nat6999 · 22/05/2022 00:12

Be careful, my rape case against dh was compromised by the family courts & me being forced to speak to exh by Caffcass & the CPS wouldn't accept the case.

I'm so sorry this happened.

What was it that made the cps reject the case?

I'm really worried that whoever made that decision for you is making the same decision for me.

OP posts:
BrokenByThis · 22/05/2022 06:23

Nat6999 · 22/05/2022 03:11

I got told by the police that if exh had raped me there would be no chance of me sitting in a room with him, I was ordered by the family court judge, what could I do?

Is this why cps wouldn't touch it?

That is terrible.

That means if your brother or uncle or grandad rapes you then the fact you've sat in the same room as them afterwards means it can never go to court? Of course people continue to sit in the same room. It's ridiculous. I continued to share a bed with my ex because I was too afraid to rock the boat. I did make sure I wait until he's asleep before coming to bed though, living chronically sleep/deprived as a result. It's great being able to go to bed before midnight now if I want to.

I'm so sorry you didn't get justice.

OP posts:
BrokenByThis · 22/05/2022 06:25

TizerorFizz · 22/05/2022 01:43

Surely the evidence for a prosecution being pushed by the CPS isn’t the same as required by the family court with no CPS involved? They are not making the same judgement regarding the evidence. However not altering what you say is important. The CPS need to be sure the case will stack up in a criminal court. Not the same as the family court.

No, it's completely different. The family court judge doesn't want to scrutinise the rape stuff but was more wanting ALL the evidence from police, social worker, GP, Al do it, before removing him from the property.

OP posts:
Collaborate · 23/05/2022 11:03

The police never, in my experience, disclose documents that involve an active investigation (ie pre conclusion of criminal court proceedings). If you're worried about it I suggest you speak to whoever your liaison is at the police and get them to find out their force's practice from the department that deals with this.

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