Fact-Finding Hearings in Domestic Abuse Cases: How Allegations Are Tested in Court

A fact-finding hearing is where the court decides whether alleged domestic abuse happened. These hearings are common in child arrangement and care cases in the Family Court.

Why Fact-Finding Happens

Before deciding where a child should live, the court must know:
  • Did abuse occur?
  • What was the impact on the child?
  • Is there ongoing risk?

How the Hearing Works

  • Both sides give evidence
  • Witnesses may be called
  • Texts, messages, police records reviewed
  • Judge makes findings on the balance of probabilities

Why Findings Matter

  • A finding of abuse can affect:
  • Child arrangements
  • Contact
  • Care proceedings outcomes

Legal Representation Is Essential

These hearings are complex and evidence-heavy.

Facing a Fact-Finding Hearing?

Your future with your child may depend on this outcome.
ASA Solicitors provide specialist advocacy in family court. Speak to our legal team today.


FAQs

What is a fact-finding hearing?

A fact-finding hearing is where a judge determines whether alleged domestic abuse or harmful behaviour occurred.

The court applies the balance of probabilities, meaning something is more likely than not to have happened.

Yes. These hearings involve evidence, cross-examination and legal arguments that can affect future child arrangements.

A finding of abuse can impact parental responsibility, contact arrangements and care proceedings decisions.

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