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Accusation of DV

4 replies

SeriouslySad · 03/02/2024 13:52

Looking for help please.

background. CAO in place 7 months. Enforcement hearing next week due to several breaches.

Today my DP received a form CA1 with allegations for domestic abuse. Some purely fabricated and some opinion / where there has been disagreement.

Been with DP, got our own kids together and never had he displayed an oz of abuse. My last relationship was toxic and I am highly sensitive…

Questions;

  • How does he respond?
  • Based on what she has written He has some evidence of her ‘abusive’ behaviour and some other examples he can give.
  • There was no evidence provided. Surely you have to evidence claims of DV?
OP posts:
prh47bridge · 03/02/2024 16:14

He should respond truthfully.

There is often no evidence when there is an allegation of domestic abuse. It will be his word against hers. If the court needs to decide, it will do so on the balance of probabilities. However, the court may take the view that allegations of historic abuse against are not relevant for enforcement of an existing CAO.

SeriouslySad · 03/02/2024 17:21

Thank you. He plans to respond truthfully he just doesn’t know how. Does he complete his own ca1? Respond in person etc?

OP posts:
prh47bridge · 03/02/2024 18:29

He doesn't have to respond now. At the first hearing, the judge will decide if the allegations are relevant. If they are held to be relevant, your partner will be given a chance to respond.

He can respond now if he wishes. There is space on the C1A (page 9) for him to do so.

SeriouslySad · 03/02/2024 21:17

prh47bridge · 03/02/2024 18:29

He doesn't have to respond now. At the first hearing, the judge will decide if the allegations are relevant. If they are held to be relevant, your partner will be given a chance to respond.

He can respond now if he wishes. There is space on the C1A (page 9) for him to do so.

Thx you this is really helpful.

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