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Anonymised case study

Abuse allegations: evidence and the separate civil issues

A documented situation to understand the criminal process.

Provisional dismissal of proceedings auto examined

The situation

In a context of family conflict, incidents of alleged ill-treatment were investigated and disagreements over family relations were also raised.

What the decision records

The court provisionally dismissed proceedings because the alleged events were insufficiently established. It distinguished the criminal allegations from matters that, in this file, belonged in civil proceedings.

What this helps explain

The right path depends on the concrete facts and their proof. The existence of a family conflict does not allow a complaint of violence to be ruled out on its own, nor does it prove to be false.

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