What is Family Court?

Family Court deals with issues that affect families and children. Think of it as a place where decisions are made about family matters to keep everyone safe and happy.

What Happens in Family Court?

Here are some common issues Family Court handles:

• Divorce: If parents are splitting up, Family Court helps decide how to divide things and who the kids will live with.
• Child Arrangement Orders: These orders decide where the child will live and how much time they will spend with each parent.
• Non-Molestation Orders: Under the Family Law Act 1996, victims and survivors of domestic abuse can apply for these orders to protect themselves and their children from abuse or harassment.
• Occupation Orders: These orders decide who gets to live in the family home when there’s a dispute.
• Adoption and Fostering: The court also handles cases where a child needs to be adopted or placed in foster care.

What is Criminal Court?

Criminal Court deals with cases where someone is accused of breaking the law. Think of it as a place where it’s decided if someone has committed a crime and what the punishment should be.

What Happens in Criminal Court?

Here are some common issues Criminal Court handles:

• Trials for Crimes: When someone is accused of a crime like theft, assault, or something more serious, the court decides if they are guilty.
• Sentencing: If someone is found guilty, the court decides what their punishment will be – this could be a fine, community service, or prison time.
• Bail Hearings: The court decides if someone can be released from custody while they wait for their trial.
• Appeals: If someone thinks their trial was unfair, they can ask a higher court to look at the case again.

Key Differences Between Family Court and Criminal Court

Understanding the differences can help you know what to expect if you need to go to court.

• Type of Cases: Family Court deals with family matters, while Criminal Court deals with crimes.
• Who’s Involved: Family Court often involves parents, children, and social services. Criminal Court involves the accused, victims, lawyers, and police.
• Focus: Family Court focuses on the best interests of the child and family. Criminal Court focuses on whether someone broke the law and what the punishment should be.

Overlapping Cases

Some of the most difficult cases the legal system deals with span both the criminal and family courts, often at the same time. For example, domestic abuse cases may involve Family Court for protective orders and Criminal Court for prosecuting the abuser.

Protection for Domestic Abuse Victims

The Domestic Abuse Act 2021 offers greater protection for those who make allegations of domestic abuse. While there is no single criminal offence of “domestic abuse,” many offences cover its various forms, such as:

• Common Assault: Offences Against the Person Act 1961
• Sexual Assault: Sexual Offences Act 2003
• Harassment: Protection from Harassment Act 1997
• Coercive and Controlling Behaviour: Serious Crime Act 2015

The 2021 Act clarifies that domestic abuse includes a variety of behaviours and highlights the impact on victims and their families, ensuring they receive appropriate help and support.

Special Measures in Family Court

From 21 July 2022, complainants in family court proceedings involving domestic abuse allegations are entitled to special measures. These measures include:

• Prohibition on Cross-Examination: The defendant cannot cross-examine the complainant if there are allegations of domestic abuse or if the defendant has been convicted, cautioned, or charged with a relevant offence.
• Additional Safeguards: Special measures like screens in court, separate entrances/exits, and video links may be used to protect the complainant.

Do You Need Legal Representation?

In Family Court, you can represent yourself, but having a solicitor or a McKenzie Friend (someone who can assist you in court) can be very helpful.

In Criminal Court, it’s usually best to have legal representation, especially if the case is serious. If you can’t afford one, you might be eligible for legal aid.

Conclusion

Understanding the difference between Family Court and Criminal Court can help you feel more prepared if you ever need to go to court. Family Court is there to help with family issues, making decisions in the best interests of children and family members. Criminal Court deals with crimes, deciding if someone is guilty and what their punishment should be.

Got more questions? Need help? Reach out to us, and we’ll guide you through the process, ensuring you know what to expect every step of the way.

How To Get Help

Nationally there are a range of helplines available, including (but not limited to):-

• The Freephone National Domestic Abuse Helpline, run by Refuge on 0808 2000 247
• Victim Support –  24 hour Supportline on 08 08 16 89 111 or start a live chat any time
• Respect – the helpline for male victims of domestic abuse – Freephone 0808 8010327
• Mankind Initiative – confidential helpline on 01823 334244 open Monday – Friday 10am to 4pm
• Galop helpline for LGBTQ+ people experiencing any kind of abuse or violence – 0800 999 5428
• Karma Nirvana for honour based abuse – UK Helpline: 0800 5999 247

Other useful contacts:-

• Suzy Lamplugh Trust / National Stalking Helpline – 0808 802 0300 

If in any circumstance you are in danger, please always call 999 and get immediate help.