Let’s be honest — if you’re googling the difference between Family Court and Criminal Court, chances are life is already heavy. You might be trying to protect your child. You might be dealing with someone who’s hurt you. Maybe you’ve got court papers in your hand and a million questions in your head.
You shouldn’t have to understand the entire legal system just to survive. But if you’re suddenly being pulled into it, you deserve to know what you’re walking into.
What Is Family Court in the UK?
Family Court in England and Wales handles issues within families — things like:
Who your child will live with and how often they see the other parent (child arrangements)
Protection from an abusive partner (non-molestation and occupation orders)
Care proceedings if social services think your child isn’t safe at home
Divorce, separation, and financial orders
This isn’t about proving someone “guilty” — Family Court is about what’s safe, what’s stable, and what’s in the best interest of the child.
It can feel deeply personal, because it is. You’re not just talking about legal rights — you’re talking about your home, your children, your survival.
What Is Criminal Court in the UK?
Criminal Court is where the state prosecutes someone for breaking the law. That might mean:
Domestic abuse
Assault
Harassment or stalking
Violating a court order (like a non-molestation order)
Here, it’s not up to you whether the case goes forward — it’s in the hands of the Crown Prosecution Service (CPS). You might be a victim, a witness, or even the one facing charges. Criminal cases are heard in either the Magistrates’ Court or the Crown Court, depending on how serious the offence is.
The Breakdown: What You’re Dealing With
| What It’s About | Family Court | Criminal Court |
|---|---|---|
| Main Focus | Child arrangements, protection, care concerns, divorce | Prosecuting criminal offences like assault, harassment, or abuse |
| Who Brings the Case? | You (or local authority/social services in care cases) | The Crown (CPS) — not the victim personally |
| Examples | Custody battles, care proceedings, non-molestation orders | Common assault, coercive control, criminal breach of restraining order |
| Legal Standard | “Balance of probabilities” — more likely than not | “Beyond reasonable doubt” — high burden of proof |
| Outcomes | Parenting orders, protective orders, social care involvement | Criminal conviction, fines, community order, prison |
| Legal Aid? | Possible based on income, especially for protection or care cases | Duty solicitor at court, or legal aid if you qualify |
One Situation, Two Courts
It’s not unusual for one moment — one violent argument, one police call-out — to land in both courts.
You might apply for a non-molestation order in Family Court, while the police investigate an assault.
Your ex might be charged with coercive control, while also fighting you for child contact.
Or you might be the one under scrutiny in both — by social services and the police.
It’s messy. It’s terrifying. It’s your life being torn open in public.
You Deserve To Be Heard
Family Court can feel like it strips you bare — talking about parenting, relationships, past trauma — all in front of strangers.
Criminal Court can feel brutal — hearing your pain dissected as “evidence,” being cross-examined, waiting for justice that might not come.
None of this is easy. But knowing which court does what gives you back a little power.
And you’re not alone. There are organisations across the UK that walk this path with people every day — domestic abuse charities, legal advice clinics, support workers, court advocates. People who get it.
You Deserve To Be Heard
Family Court can feel like it strips you bare — talking about parenting, relationships, past trauma — all in front of strangers.
Criminal Court can feel brutal — hearing your pain dissected as “evidence,” being cross-examined, waiting for justice that might not come.
None of this is easy. But knowing which court does what gives you back a little power.
And you are not alone. Here are UK-based services that can help:
For Legal Advice or Court Support
- Rights of Women – free legal advice for women on family law, domestic abuse, and criminal law
- RCJ Advice Family Court Support – help with court forms, hearings, and McKenzie Friends
- LawWorks – free legal help if you can’t afford a solicitor
For Safety and Domestic Abuse Support
- Women’s Aid – national support for women experiencing abuse
- Refuge – 24/7 support for women and children
- National Domestic Abuse Helpline – call 0808 2000 247, any time, free and confidential
- Surviving Economic Abuse – support with financial abuse, benefits, and money worries
For Parents and Carers
- Family Rights Group – support for parents involved with social services or care proceedings
- Gingerbread – help for single parents navigating the system
thegirlspeaks.uk 