UK Family Court·Insights for litigants in person
Gap 182

If the CPS dropped the charges, the family court can't find abuse either.

1 min read

This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.

What People Expect

A dropped criminal case means the abuse didn't happen, so the family court can't act on it.

Court Reality

The family court uses a lower standard of proof — balance of probabilities, not beyond reasonable doubt. The CPS may drop a case for evidential or public interest reasons that have nothing to do with whether the abuse occurred. The family court can still make findings of abuse based on the evidence before it. PD12J applies regardless of criminal proceedings.

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The Gap?

"If the CPS dropped the charges, the family court can't find abuse either."

Court Reality

The family court uses a lower standard of proof — balance of probabilities, not beyond reasonable doubt. The CPS may drop a case for evidential or public interest reasons that have nothing to do with whether the abuse occurred. The family court can still make findings of abuse based on the evidence before it. PD12J applies regardless of criminal proceedings.

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Published19 July 2026Last reviewed31 August 2026

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