When Family and Criminal Law Collide

In family law, it is not unusual for criminal proceedings to take place alongside ongoing or impending family court proceedings. These situations often involve serious allegations such as domestic abuse, sexual offences, assault, or child abuse. At first glance, criminal law and family law might seem like two very different areas of the legal system. One deals with crimes and punishment, while the other is focused on relationships, children, and finances. But in many cases, particularly those involving domestic abuse, the two areas can overlap. When they do, it’s important to understand how the courts handle evidence, reach decisions, and how one case can affect the outcome of another.

The most significant procedural difference between the two courts lies in the standard of proof required. In criminal proceedings, the standard of proof is ‘beyond reasonable doubt’, meaning that the evidence must leave the jury or magistrates sure that the defendant committed the offence. Evidence in criminal cases is usually more formal and must meet strict rules. The prosecution must prove the case ‘beyond reasonable doubt,’ which is a high standard because a person’s liberty is at stake. Common evidence includes police statements, CCTV, forensic reports, and witness testimony.

However, in the Family Court, the standard of proof is ‘on the balance of probabilities’, where the Judge has to be certain that it is more likely than not that the allegation is true.

Although criminal and family proceedings are separate, what happens in one can influence the other.

If someone is convicted in a criminal court (found guilty), the Family Court is likely to take that conviction very seriously. The Family Court can rely on the conviction as proof that the incident happened, without needing to re-examine the evidence.

Even if the criminal court decides not to prosecute or the person is found not guilty, the Family Court can still look at the same evidence and come to a different conclusion. This is because of a lower standard of proof. There is no guarantee that just because someone is not convicted in a criminal trial, the Family Court would not find that they pose a risk.

If the Family Court makes findings of fact, for example, confirming that abuse occurred, this might be passed on to the police or Crown Prosecution Service (CPS), who can then decide to open or re-open a criminal investigation. However, criminal proceedings cannot automatically use any findings from the Family Court as evidence. They may be considered, but the prosecution would still need to prove their case beyond reasonable
doubt

In many family cases, especially those involving child protection, but also private child arrangement disputes, parties can seek to rely on material from the police. This disclosure can include call out logs, witness statements, audio and video interviews and charging decisions. This disclosure is not automatically available to the Family Court, as a formal application for disclosure must be made. The Court has to balance the need for evidence with the risk of prejudicing ongoing criminal matters.

If a defendant in criminal proceedings wants to rely on material from the Family Court, such as a CAFCASS report or previous findings, then permission must be obtained from the Family Court. This is because family proceedings are generally held in private, and disclosure without permission of the court is a contempt of court.

If you’re dealing with family or criminal issues that overlap, our experienced team is here to guide you through every step. Contact us today for confidential advice tailored to your situation.