Domestic Violence
Domestic violence is physical, emotional or sexual assault and abuse between friends, family members or intimate partners. It is a serious offence, shattering victims’ lives and sometimes precipitating untimely deaths. Through early legal intervention and representation at the police station and in court, Newtons’ domestic violence solicitors can protect your reputation and future prospects when you are facing allegations of abuse.
What Is Domestic Violence?
Under the Domestic Abuse Act 2021, domestic violence or abuse occurs between people aged 16 or over who are personally connected, such as friends, family members or intimate partners who live together. The alleged behaviour may be physical, emotional or sexual in nature and is intended to intimidate and control another person.
Examples of domestic violence include:
- Slapping, hitting, punching, pushing, shoving, biting, kicking, burning or choking
- Belittling, blaming, isolating someone from their family and friends or telling them what to do
- Controlling their money, monitoring their social media or tracking their location
- Threatening to hurt or kill them, damaging their possessions or following them
- Touching them without consent, hurting them during sex or pressuring them into sex
What Happens When You Are Accused of Domestic Violence?
Being formally accused of domestic violence is a deeply distressing experience and risks damaging your relationships and career. If this happens, we strongly advise seeking legal representation from a domestic abuse solicitor as soon as possible. When someone reports that you have committed domestic violence, you can expect the following to happen:
Response
When someone reports domestic violence, the police will attend the scene to take details, including a formal statement from the victim, and conduct a risk assessment. This involves ensuring everyone is safe and determining how to manage the risk of potential future harm.
Investigation
The police may immediately arrest you for questioning or ask you to come to the police station for an interview. Alternatively, they may investigate the allegation before deciding to make an arrest, set bail conditions or bring criminal charges.
Charge
The Crown Prosecution Service (CPS) reviews the evidence and considers whether you could realistically be convicted. If they decide to prosecute, then you will be formally charged with domestic violence and a date will be set for your first court hearing.
Court
When you are charged with domestic violence, you will attend court for the first hearing, the plea hearing, the trial and the verdict and sentencing. Your case may stay in the Magistrates’ Court or, if serious, could be transferred to the Crown Court.
Protection Notices and Orders
After reporting domestic violence to the police, the victim can request that you leave their home and not come within a fixed distance of their home or workplace. Depending on where you live, you may be sent either a Domestic Abuse Protection Notice (DAPN) or a Domestic Violence Protection Notice (DVPN) by the police and, later, either a Domestic Abuse Protection Order (DAPO) or a Domestic Violence Protection Order (DVPO) by the court.
Benefits of a Domestic Violence Solicitor
If you are being investigated for domestic violence, it is important to get expert legal assistance to protect your rights and build a robust defence. There are numerous benefits of instructing an experienced domestic dispute solicitor, including:
Early Intervention
If you have been arrested for domestic violence in the UK, your solicitor can present evidence that there is no realistic prospect of a conviction, persuading the CPS not to bring a formal charge. However, if the prosecution has strong evidence that you have committed domestic violence, your solicitor may advise you to admit the offence and seek a caution.
Investigating Allegations
Newtons’ defence solicitors for domestic abuse will also examine the veracity of the allegations against you. For instance, as revenge, the supposed victim may report domestic violence after a divorce or child contact application. There may also be telling inconsistencies in statements or previous claims.
Challenging Evidence
Your domestic violence solicitor will gather evidence in your defence and seek to challenge that of the prosecution. This may include CCTV, call logs and text messages that contradict the allegation or establish your alibi; medical records that potentially disprove the supposed victim’s claims; and witness statements to support your version of events.
Representing You in Court
As your legal representative, your solicitor will prepare and manage your case throughout the court process. As well as building a solid defence, they can speak on your behalf and negotiate deals with the prosecution. Attending court as a defendant can be a stressful experience, and your solicitor will remain at your side to provide advice the whole time.
As your legal representative, your solicitor will prepare your case and act on your behalf in court. As well as providing expert legal advice, they will work with you to build a robust defence and potentially negotiate pleas and deals with the prosecution. They will know every step of the court process and brief you accordingly.
Minimising Bail Conditions
Domestic violence lawyers in the UK can apply for variations or removals of restrictive bail conditions, allowing you to live and work as normal during the investigation and potential trial. They can also challenge DAPOs and DVPOs if one has been granted without sufficient evidence.
Specialist Solicitors for Domestic Violence
Newtons’ experienced domestic assault lawyers fight fiercely for your best outcome, protecting your rights and providing clear legal guidance. We understand that when you are accused of domestic violence, your relationships and livelihood are likely on the line; as loyal experts, we will do everything possible to protect your reputation. Please contact us to arrange a consultation at your nearest office or call 0800 038 5500 for urgent enquiries.
FAQs
You have committed domestic violence if you are aged 16 or over and you have behaved in a physically, emotionally or sexually abusive way towards a family member, intimate partner or housemate. Such behaviour includes intimidating or controlling another person by deliberately hurting, threatening, isolating or pressuring them.
Given the broad definition of domestic violence, the sentence depends on the specific offence that has been allegedly committed. This may be assault and GBH, controlling and coercive behaviour, harassment and stalking, non-fatal strangulation or another crime. Every case is treated individually, taking into account various aggravating and mitigating factors, as well as the history of the relationship. The court will consider the Sentencing Council’s overarching principles for domestic violence when determining your sentence.
If you plead guilty, your domestic violence solicitor will present mitigating factors to argue against your culpability and try to minimise your sentence. These factors could include your otherwise good character and evidence that you genuinely recognise the need to change your behaviour, such as getting help or treatment to effect this change. You may also cite mental illness or disability, extreme provocation or having played a minor role in the offence.
Anyone over the age of 16 can be prosecuted and charged with domestic violence, regardless of gender or marital status.
Under Clare’s Law, a victim or potential victim of domestic violence is allowed to ask the police whether their partner or ex-partner has ever been reported for abusive behaviour. The police may give information only when there is a credible risk of harm and disclosure is necessary to prevent someone from being the victim of a crime.