If you have told the court that you have experienced domestic abuse, and it has not already been proven, this should be investigated in more detail in a Finding of Facts hearing. At the hearing, the judge will decide what took place and how it will affect the rest of the case.
A Finding of Facts hearing is arranged to help a Judge to decide whether allegations of domestic abuse are true. In Family Court, the Judge decides if things are true based on the civil burden of proof. This means that the Judge decides whether something is likely to have happened based on the information they have been given.
The Judge will only arrange a Finding of Facts if the other person denies the abuse took place and if the Judge thinks that finding out more about the domestic abuse will help them to decide the arrangements for the children. At a Finding of Facts, the Judge will hear the evidence and listen to a statement that you give to the court. The other person can challenge your evidence and statement by asking questions about it. This is called cross-examination. If there has been domestic abuse and the people giving evidence do not have legal representation, then the Judge will usually ask the questions.
