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Family Court HELP DV

89 replies

Namechange2028 · 10/10/2026 13:27

Hoping someone can offer advice. I will try to make this as coherent but also as concise as possible .

I was in an abusive relationship from late 2021 until last October. There were multiple rapes , including anal rape and these were violent , not a case of "I didn't say no" I was begging and crying and was beaten about the head until my ears were ringing. There were many physical assaults resulting in a fractured sternum and ribs and a bruised spleen , in addition to bruising from strangulation, black eyes and split lips etc. Generic bruises from regular beatings.

He was also abusive to my older 2 teenage children but had us terrified that if we ever reported , things would get worse. He was never physical towards them but he would say disgusting and degrading sexual things to them such as my daughter would end up like her mother and a slag basically (worse terms than this). He said things about my son I just can't put onto here but I will in my CAFCASS interview. My son was growing his own fruit and veg , my ex urinated over it all.

Honestly I could go on and on but I have to keep it short ; I just need to get across the picture of how horrific it was. He locked me both in and out of the house , one time when I was held hostage I tried to make an escape , he dragged me up the stairs by my hair and threatened to shave it all off leaving me "looking like a cancer patient"

He lead us to believe he had criminal associates and knew people within the police force who he could pay to rape my children and set fire to both my home and my ex-husbands that he shares with his wife and 2 small daughters. He also said he would have me arrested and put in prison for benefit fraud for money claimed whilst he lived with us (never mind the fact we didn't want him there).

In 2024 , I called police from my sons phone after he had once again taken mine from me and deleted any evidence of injuries sustained (he always did this and then also deleted from my recycle bin - one time even factory resetting my phone. He would also message other men pretending to be me and we live in a small town - it was just humiliating and I was so trapped left with absolutely nobody). Anyway , he had left the home with my phone and I called the police. They arrived and I blurted out everything he had ever done . I thought even if any of this is true about him knowing people there has to be someone who can protect my children because this is no way to live . He was arrested and held on remand refused bail. His father however paid for a solicitor and he did get bailed after 2 weeks . He broke bail immediately to tell me he had met people in prison and that I had to drop the charges or things would get worse . His charges were counts of rape, intentional strangulation, threats to kill, GBH, cohersive and controlling behaviour.

Quick caveat - I really am trying to keep this short- he did have a burner phone. Very early on when I was accused of sleeping with some young lad from the town , he told me he had arranged for him to be attacked but if I cut contact with everyone from the local pub he would put a stop to it. This was just a kid , he can't have been more than 20. My ex appeared to call off this arrangement and I did hear someone on the other end of the phone so I don't know how true it is ! He said they wanted £500 because they had already driven from their shift to our town. I just do not know what's real, even now. He said if I ever got a restraining order he would come back and bury us all.

I called CPS and begged for charges to be dropped and they said it was too serious and would go ahead as victimless. I was so convinced we were all going to die. I refused access to my medical records and nobody gave video evidence so eventually it was NFA without going to court - stating my mental health as the reason.

Once he was out everything ramped up. The abuse was horrific and I became pregnant within weeks. I could not terminate as I did not have access to a car. My son was born in late August (early because I was in hospital with my blood pressure for 6 weeks prior). Pregnancy was awful and post-partum was awful. My son was in the NICU and obviously once he was here I adore him. I was assaulted once we got home and whilst still bleeding from childbirth.

When the baby was 6 weeks old , I saw on facebook a woman had found out her husband had cheated by a secret whatsapp chat where it is hidden and you have to use a fingerprint to access it. This set in motion the final escape plan. I started to record things and send them to myself then delete them from my phone. The final incident was him accusing us all of stealing his phone , smashing the house up and threatening to take the baby away from me ( all recorded). I called the police. The whole time he was holding the baby I just thought as soon as I get him back he is never leaving my side. My ex was in the background telling the call handler that I had post partum psychosis and had trashed my own home. They passed this info onto my health visitor after visiting. I calmly told him after he left for work the next day that I had evidence and was willing to use it. He disappeared . For almost a year.

I booked a holiday in April and realised I needed permission from his father so I contacted both a local DV charity and a family law solicitor who applied for legal aid but it was rejected on merit because he is absent and nothing to suggest he would contest. I wanted permission for the holiday and a name change (my son has the exact same first and surname as his father but we refer to him by his middle name) . As this was rejected , I went ahead and filed c100 and c1A for those and also for a child arrangements order. I didn't want to do this really because I don't want to remind him that we exist , incase it angers him . But my local harm reduction hub reassured me measures would be put in place.

Last Sunday I got a phone call from a number I didn't recognise . It was him demanding to see his son. I could add more here but trying desperately to keep it shorter. I was shaking , teeth chattering , throwing up just mad panic at hearing his voice. I assumed he was on his way over as he sounded like he was in a car. He wasn't and we haven't seen him.

I guess after all of this my question is .... surely to God please please tell me it is not likely he will get contact ? even in a contact centre ? my son only knows myself and his brother and sister. He won't understand being left in a room with a man he doesn't know. I cannot access therapy because I don't have a support network anymore or childcare. I have to try and parent my best until he is in school. My reaction to one phone call was horrific and I thought I was on my way to being healed. I am terrified , my children are in weekly therapy and as a family we are trying to heal.

OP posts:
Namechange2028 · 10/10/2026 13:32

To add more, he has a drug and alcohol addiction. Has been homeless for the last 12 months and I heard he was begging for money on father's day then got jumped early hours the following morning. His family have actually cut him off due to his chaotic lifestyle and I have an amazing relationship with his mother that has come from nowhere (his parents are not together). I feel as though she understands what I went through without me digging too deep but she has cut off her own son. Being believed has been massive .

My own son is 16 years old and has nightmares. He had a nightmare that the baby was killed by my ex breaking into the home and that he was taunting my eldest son about it. He panics anytime a van slows down beside him because he thinks he has been "found" by my ex.

I have worked so hard to try and get us back to an ok place and my 13 month old really has a chance to grow up away from all of this without ever experiencing the trauma.

OP posts:
Italiangreyhound · 10/10/2026 13:38

I am so sorry this sounds horrific. Have you spoken to women's aid and asked for legal advice?

Namechange2028 · 10/10/2026 13:41

Yes I have contacted my local charity and I have an IDVA (independent domestic violence advocate) as stated i was refused legal aid . The idva has emailed asking if the recent contact changes that.

OP posts:
Namechange2028 · 10/10/2026 13:42

Chat gpt , the solicitor i did speak with and the local charity all say it depends on the judge on the day and they cant say what will be decided . I just really am terrified of direct contact for my son.

OP posts:
Pumpkinsaregrowingnicely · 10/10/2026 13:43

You need to move away. Change all your names via deedpoll .
Get new phones..
Imo only trust yourself to keep you all safe.

Namechange2028 · 10/10/2026 13:44

I cannot change his name without father's permission. Or travel abroad. Its really difficult.

OP posts:
Pumpkinsaregrowingnicely · 10/10/2026 13:51

My dd had her name changed and got a passport.. you can enclose a letter to the passport office explaining your dd goes by x now.
Deedpoll is like £15.

Namechange2028 · 10/10/2026 14:02

Even when another parent is on the birth certificate? I have got a passport for him but the solicitor said I need a court order or permission for border officials. & for a name change i apparently also need permission or a court order ?

OP posts:
Namechange2028 · 10/10/2026 14:02

The passport isnt the issue , its travelling abroad I think. I am only going by what I was advised by the solicitor before legal aidwas rejected.

OP posts:
Goldenmimx · 10/10/2026 14:20

First off I want to say I’m so so sorry you went through all of that, especially given that there’s so more you haven’t said. You’re an absolute warrior and survivor and well done on escaping.

I’m not a family lawyer but wasn’t clear whether you still have a solicitor despite being refused legal aid? I assume you’ve filed a witness statement with your applications documenting everything you’ve been through, exhibiting the evidence? I know he’s been off the scene for a while now but would you consider applying for a non molestation order on the basis that his recent contact demonstrates he can reappear any time? It offers a bit of extra protection and can also be used as evidence of his unsuitability for contact. Equally (sorry if I’ve missed this) could you/have you report/ed him again to the Police on the basis that you’re now in a better position to give evidence (and had the evidence after he deleted everything). If that’s successful and he receives a custodial sentence 1. You get justice and 2. He’s out of the way for a bit so even longer when he can’t have access to your son. Police can apply for a restraining order too.

some other thoughts- if he’s homeless I’m assuming you don’t know where he is. In which case he won’t be served with your application (assuming you just serve last known address). So you could probably get it into court without him being aware. By the time he becomes aware is he likely to go to the effort of trying to set aside/vary any order made?

In terms of worse case scenario and he does appear at court to contest your applications I do think it very much depends on the court but given everything any contact would absolutely have to be supervised and I imagine would be very limited. And he probably actually has no real interest in the contact itself- him saying he wants access is just a way to control and frighten you from afar

Namechange2028 · 10/10/2026 14:36

@Goldenmimx the solicitor offered this advice before the legal aid was rejected as I think it also surprised her that it was. She told me about the travelling without permission and name change also needing permission and court order.

As the c100 is already with the court I don't know about reopening the criminal case and the timing ? I already contacted the court to say things had changed since I filed and that he has been in contact. They will want to serve him . I was told they need to prove he has been served and is aware of the hearing. I think they even give him a few chances and a final warning to show up for court dates.

Mentally I probably need some intense therapy before being ready to go down criminal route . I am struggling so much just with the impending family court hearing (we will be looking at mid November for the first hearing).

I had a lot more hope before hearing from him that he would just ignore everything and I would get all the orders. I thought he was scared off by me having evidence of the last incident. But it appears not. I have done a subject access request both to police and hospital for my injuries. But again, that only proves abuse against myself.

OP posts:
Namechange2028 · 10/10/2026 14:41

In my head I was thinking if they give him any kind of direct contact then I will take him all the way via criminal court if possible.
They can't surely have a baby leave his mother to sit in a room with someone he doesn't know for an hour a fortnight. He will cry the entire time.
I don't want a single penny from him. At all. People may say oh take his money etc I don't want it I just want him to leave us alone forever and for me to be able to go on holiday whenever I want with a child that doesn't share the name of my abuser.

It is plaguing my every waking thought now when I was doing a little better.

I never leave the baby alone . Even at night. I want us on the same floor so we can escape as he cant run like we can. But when his first birthday came and went with no contact , I started to venture downstairs after putting him to bed and watch TV for an hour. That has completely stopped. I just really dont understand why a judge would order direct contact if they do

OP posts:
WhatHappenedToYourFurnitureCuz · 10/10/2026 14:44

Unfortunately the advice you've had is correct and it depends on the judge on the day. You need the best representation you can possibly get.

Please don't try to run and hide from the court system. It won't work and will make your case much harder.

Goldenmimx · 10/10/2026 14:46

There’s nothing to stop civil and criminal cases running contemporaneously. I completely take what you’re saying about the trauma and not being ready for it though but something to keep in mind. And great you have an IDVA as they’ll be able to support you if you do go down that route.

Thing is its all very well the court wanting to serve him but if he can’t be found he can’t be found. I’ve just checked family procedure rules and if the court serves him you have to provide his last known email address only if known and his last known or usual postal address. So you might not know his email address in which case it goes to his last known address which from the sounds of it, he’s not there anymore anyway. So court will still proceed because technically he’s been served. Unless he has somehow received the paperwork already and that’s why he’s been in contact?

Namechange2028 · 10/10/2026 14:48

Sorry I should have replied re witness statement. This isn't required until a later hearing. The application is the c100 which briefly describes and then the c1a which describes specific incidents. He then has to respond to the c1a on the following page . I have included a letter from my domestic violence advocate. Evidence is presented at a fact finding hearing at a later date. I will have an interview with cafcass to discuss safeguarding and he will also have one if he answers the call. This will be within the next week or so

OP posts:
Namechange2028 · 10/10/2026 14:51

Goldenmimx · 10/10/2026 14:46

There’s nothing to stop civil and criminal cases running contemporaneously. I completely take what you’re saying about the trauma and not being ready for it though but something to keep in mind. And great you have an IDVA as they’ll be able to support you if you do go down that route.

Thing is its all very well the court wanting to serve him but if he can’t be found he can’t be found. I’ve just checked family procedure rules and if the court serves him you have to provide his last known email address only if known and his last known or usual postal address. So you might not know his email address in which case it goes to his last known address which from the sounds of it, he’s not there anymore anyway. So court will still proceed because technically he’s been served. Unless he has somehow received the paperwork already and that’s why he’s been in contact?

Ok this is promising. If he can't be served they go ahead anyway ?

OP posts:
Namechange2028 · 10/10/2026 14:53

WhatHappenedToYourFurnitureCuz · 10/10/2026 14:44

Unfortunately the advice you've had is correct and it depends on the judge on the day. You need the best representation you can possibly get.

Please don't try to run and hide from the court system. It won't work and will make your case much harder.

Thanks I haven't wanted to do this hence applying . I just wondered if anyone had any experience on what the likelihood would be of no direct contact. I really need legal aid it seems if I need good representation. It is just so scary that a judge could allow contact in cases like this

OP posts:
Goldenmimx · 10/10/2026 14:59

Ah ok re witness statement- sorry not familiar with family court as you can lodge the statement at the outset with civil proceedings. So yes re service- it’s not that he’s not served, it’s just that it should be deemed service if they send it to the last known address. But if he’s not there then it doesn’t get adjourned into infinity until he reappears.

forgot to say- yes re court order to change name if he’s on the birth certificate because you need everyone’s permission with PR to change a name. I think though that if you have a child arrangements order where it cites that child resides with you then you can take them abroad for 28 days without the other parent’s permission. Thing is if you’re applying for CAO makes sense to apply to change name at same time as you are in fact doing

Namechange2028 · 10/10/2026 15:05

Yes it is 28 days at a time without permission. I have a holiday booked for next september and I really did consider risking just taking birth certificate as evidence but the solicitor said its better to take correct documentation.
Yes I just thought at the end of the day may as well apply for everything as the c100 covers all of those including I think a prohibited steps order if needed. I didnt apply for this though as I genuinely thought he had disappeared until last Sunday.

If he does get served he will see everything I have written as he has to respond and have his interview. I just know he will read it and get angry.

OP posts:
seashoress · 10/10/2026 15:09

Firstly OP i am so sorry that this has happened to you and what you have been through is awful. You have such strength to have eventually been able to get out and protect your children.

Sorry if you said this in the initial post but I couldn’t see it, can you revisit the criminal proceedings with the police? If so, I would suggest that you consider this. Him having a criminal record for this behaviour will certainly have an impact on family proceedings (and he would also hopefully go to prison which would provide some respite!).

As others have said, it would be entirely up to a judges discretion on the day. However, I’d be so so so surprised if this went in his favour. You have evidence of his behaviour and he would struggle to refute this. Presumably his play will be “I’ve changed” and therefore his attitude on the recent phone call will not help this. Make sure you record every single interaction or dealing you have with him.

Absolute worst case scenario he may get some kind of supervised contact. I’d be surprised if this happened given what you’ve said, particularly if the older children will provide a statement explaining the abuse they also suffered and how they do not wish to see him. BUT, lets say it did, this would be at a contact centre with a responsible adult (usually social worker) and it would be incredibly safe for your son. They will literally be there to ensure your son is safe during contact.

you also find a lot of the time that these kind of people will ditch the idea once they get supervised contact. Their goal is to manipulate and scare you, so once they haven’t been able to do this and haven’t got what they want, they quickly lose interest.

Please please try not to catastrophise OP, there are protections in place to help you and it sounds like you already have contacted all the right people. I agree re reapplying for legal aid too

Namechange2028 · 10/10/2026 16:13

@seashoress I worry even about supervised . But you are right I am catastrophising.
My son hasn't ever been left with anyone , aside from my 16 year old briefly whilst I shower or something. So putting him in a contact centre just won't be ideal for him at all because he isn't old enough for me to even explain. He will essentially be in a room with 2 strangers (social worker and his father) and I will be leaving him there , causing distress for absolutely no reason. It really upsets me to think about.
I wanted to avoid this until he was old enough for me to explain really so that if even the worst case happened I could explain to him. The physical reaction to my hearing his voice was totally unexpected so goodness knows how it will be knowing he is on the other side of a door and I am handing my son over. It really impacted my ability to even parent that day. I put him to bed an hour early and was just shaking next to him. My daughter text me asking if I was ok and why I was trembling.

OP posts:
Namechange2028 · 10/10/2026 16:20

I need to mention the things he did and said to my older children when we get the cafcass interview. They aren't his children but they were still children. Also the threat to abduct the baby was a question on C1A and I have recorded evidence of him threatening to "take him so far away you won't even know where he is"
I am so terrified he will get some form of direct contact. But I do need to calm down.

OP posts:
WhatHappenedToYourFurnitureCuz · 10/10/2026 17:03

Namechange2028 · 10/10/2026 14:53

Thanks I haven't wanted to do this hence applying . I just wondered if anyone had any experience on what the likelihood would be of no direct contact. I really need legal aid it seems if I need good representation. It is just so scary that a judge could allow contact in cases like this

It's really difficult to say how likely it is because it mostly depends on the judge. It really shouldn't be that way but that's the system we've got.

Namechange2028 · 10/10/2026 17:05

WhatHappenedToYourFurnitureCuz · 10/10/2026 17:03

It's really difficult to say how likely it is because it mostly depends on the judge. It really shouldn't be that way but that's the system we've got.

Ok I dont actually think I can calm down until it's over 😭🤣

OP posts:
WhatHappenedToYourFurnitureCuz · 10/10/2026 17:11

Namechange2028 · 10/10/2026 17:05

Ok I dont actually think I can calm down until it's over 😭🤣

I'm sorry, I'm not trying to scare you. You could get a reasonable judge as easily as a patriarchal dinosaur. I really hope you get a good outcome.