What Happens When You’re Accused of Domestic Abuse in Family Court?

Being accused of domestic abuse is one of the most distressing experiences a parent can face, especially when those allegations affect your ability to see your children. For many parents, the fear of losing contact is overwhelming, and the legal process can feel intimidating and confusing. Understanding what happens next is the first step toward regaining control and protecting your relationship with your child.

Why the Court takes allegations seriously

In England and Wales, the family court’s primary concern is the welfare of the child. When allegations of domestic abuse arise, the court must ensure that any arrangements for contact are safe and appropriate. This doesn’t mean the court assumes guilt, but it does mean that temporary restrictions, such as supervised contact or even a short pause in contact, may be put in place while the facts are established. These measures are designed to protect children and all parties involved, not to punish parents.

The process you can expect

The journey usually begins when you apply for a Child Arrangements Order using a C100 form. Alternatively, you may have received a C100 form along with a form setting out the allegations in a C1A. If allegations are raised, the court will follow Practice Direction 12J, which sets out how cases involving domestic abuse should be managed. The first step is safeguarding checks by the Children and Family Court Advisory and Support Service, also known as Cafcass. They will review police and social care records and speak briefly with both parents before preparing a safeguarding letter for the first hearing. This letter will set out what they believe needs to happen to progress matters.

At the First Hearing Dispute Resolution Appointment (FHDRA), the court considers the issues and decides whether interim contact can take place safely. If allegations are serious and disputed, the court may order a fact-finding hearing to determine what did or did not happen. This hearing is crucial because its outcome often shapes future contact arrangements. Finally, the case moves to a welfare or final hearing, where the court decides long-term arrangements based on the child’s best interests.

What should you do immediately?

The most important thing is to remain calm and avoid reacting impulsively. Emotional responses, such as angry messages or social media posts, can harm your case. Instead, focus on compliance and preparation. Follow any court orders to the letter, including non-molestation orders or bail conditions. Breaching these can have serious consequences and undermine your credibility.

Start gathering evidence straight away. This might include text messages, emails, call logs, photographs, and any relevant records from professionals such as doctors or schools. Keep everything organised and avoid editing or deleting anything, as authenticity matters. If you have witnesses who can provide factual statements, note their details.

Engage constructively with Cafcass and the court and with Social Services if they are involved. Be honest, child-focused, and practical in your communication. Avoid blaming language and instead emphasise your commitment to your child’s welfare. A solicitor experienced in domestic abuse allegations can help you prepare clear, concise statements and propose safe interim arrangements for both direct and indirect contact.

What about contact in the meantime?

Many parents fear that allegations mean they will never see their child again. In reality, the court often tries to maintain some form of contact where it can be managed safely. This might involve supervised sessions at a contact centre or supported contact with a trusted third party. While these arrangements can feel restrictive, they are usually temporary and designed to preserve the parent-child relationship while safeguarding concerns are addressed.

Common misconceptions

One of the biggest myths is that allegations automatically mean no contact. In fact, the court aims to balance safety with the child’s need for a relationship with both parents. Another misconception is that ignoring an order shows desperation and love for your child. In truth, breaches are taken very seriously and can damage your case. Compliance and cooperation demonstrate reliability and insight into your behaviour, qualities the court values.