Preparing For A Fact-finding Hearing: Guide For Survivors Of Domestic Abuse

For many survivors of domestic abuse, the prospect of a fact-finding hearing can feel overwhelming. You may be asked to revisit deeply distressing experiences in a formal court setting, often alongside the person you say has caused you harm. This guide is intended to demystify the process and help you feel informed, prepared, and supported.

What is a fact-finding hearing?

A fact-finding hearing is a court process used in children proceedings where allegations of domestic abuse are disputed.

The court’s role is not to determine criminal guilt, but to decide, on the balance of probabilities, whether the alleged incidents occurred. These findings can have a significant impact on decisions about child arrangements and future contact.

A fact-finding hearing is not automatic. It will usually be ordered where:

• Allegations are denied, and
• The court considers that determining those allegations is necessary to decide the case properly, particularly where they may impact the safety of a parent or child

The outcome of a fact-finding hearing often shapes the direction of your case. If the court finds that abuse has occurred, it must then consider how that affects the safety and welfare of both you and your child.

This may influence:

• Whether contact takes place
• The nature of that contact (for example, supervised or indirect)
• The need for protective measures moving forward

How the court assesses domestic abuse allegations in children proceedings

In cases involving children, the court is required to follow specific guidance (known as Practice Direction 12J), which ensures that allegations of domestic abuse are properly considered.

This means the court must actively assess:

• Whether there has been abuse
• Whether there is a risk of harm going forward
• How any findings should affect decisions about your child

Importantly, the court should not make arrangements that expose you or your child to an unacceptable level of risk. This is a key safeguard that often provides reassurance to survivors.

Your evidence: Telling your story clearly and effectively

Your witness statement is central to the court’s decision. It is your opportunity to set out your experiences in a structured and persuasive way.

When preparing your evidence, it is important to:

• Be specific: Include dates (even approximate), locations, and what happened
• Focus on impact: Explain how the behaviour affected you and, where relevant, your child
• Avoid generalisations: The court is assisted by clear examples rather than broad statements
• Remain consistent: Ensure your account aligns with any previous disclosures or records

Where available, supporting evidence can be highly valuable. This may include:

• Medical records
• Police reports
• Messages, emails, or photographs
• Statements from third parties who have witnessed events

However, it is important to remember that many survivors do not have extensive documentary evidence. The court understands this and will assess your credibility holistically.

Preparing for cross-examination

You may be asked questions by the other party (or their barrister) about your evidence. This is known as cross-examination.

This can be one of the most challenging aspects of the process. It is important to remember:

• You are not on trial
• The purpose is to test evidence, not to intimidate you
• You are entitled to take your time before answering
• If you do not understand a question, you can ask for it to be repeated or clarified

Many clients find it helpful to understand that inconsistencies on minor details are not unusual and do not automatically undermine your overall credibility. What matters is that your core account is clear and consistent.

Special measures and your safety

The court has a duty to ensure that survivors of domestic abuse can give evidence safely.

Depending on your circumstances, this may include:

• Giving evidence behind a screen
• Attending via video link
• Separate waiting areas
• Restrictions on direct questioning by the other party

If you have concerns about attending court, it is essential to raise these at an early stage so that appropriate arrangements can be made.

What happens before the fact-finding hearing?

There are important steps before a fact-finding hearing which can significantly affect your case:

• Safeguarding checks are usually carried out (through Cafcass), including police and social services enquiries
• You may be asked to set out your allegations formally (for example in a schedule or statement)
• The court will decide which allegations need to be determined

It is essential that your allegations are clearly set out at an early stage. If something is not included, the court may not consider it later.

What happens after the findings are made?

Once the court has made its findings, those findings do not end the case; they inform what happens next.

If abuse is established, the court must consider:

• The impact on your child
• The risk of future harm
• Whether contact is safe, and if so, how it should take place

Even where findings are made, the court may still consider some form of contact. At this stage, the court turns to what is known as the “welfare checklist”, a set of legal factors that guide all decisions about children. These include:

1. Your child’s wishes and feelings (depending on their age and understanding)
2. Your child’s physical, emotional and educational needs
3. The likely effect on your child of any change in their circumstances
4. Your child’s age, background and any relevant characteristics
5. The ability of each parent to meet your child’s needs
6. The range of powers available to the court

However, contact will only be ordered if the court is satisfied that appropriate safeguards can be put in place.

Crucially, where domestic abuse has been found, the court must go further. It will assess the impact of that abuse not only on you, but on your child’s emotional and psychological wellbeing, and consider whether ongoing involvement of the other parent would expose either of you to a risk of further harm.

In practice, this means the court is not simply asking whether contact should take place, but whether it is safe, appropriate, and genuinely in your child’s best interests.

Emotional preparation and support

Preparing for a fact-finding hearing is not only a legal process, it is an emotional one.

You may find it helpful to:

• Seek support from a trusted friend, family member, or support organisation such as Women’s Aid, Refuge, or the National Domestic Abuse Helpline
• Speak openly with your solicitor about any concerns
• Allow yourself time to rest before and after the hearing

It is entirely normal to feel anxious. Being properly prepared can help you feel more in control.

Working with your legal team

Your solicitor’s role is to guide and support you throughout the process, ensuring that your evidence is presented clearly and effectively.

You should expect your legal team to:

• Help you prepare your witness statement
• Identify which allegations are most important to prove
• Advise you on the strengths and risks in your case
• Prepare you for the hearing itself
• Advocate for appropriate protective measures

Open and honest communication is key. If something is worrying you, it is important to say so.

Final thoughts on preparing for a Fact-Finding hearing

A fact-finding hearing can feel daunting, but it is also an opportunity for your voice to be heard and for the court to properly consider your experiences.

With careful preparation and the right support, you can approach the process with greater confidence and clarity.

Early, strategic advice can make a meaningful difference, not only to the outcome of your case, but to how supported and protected you feel throughout the process. The way your case is prepared from the outset can significantly influence what the court ultimately considers and the findings it makes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.