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Domestic Violence Defence Solicitors

If you have been arrested for or charged with domestic violence and assault, it is vital to seek legal advice from a solicitor experienced in domestic violence defence.

Having a domestic violence defence lawyer on your side who will spend time with you in order to fully understand the circumstances surrounding your case and plan what needs to be done to ensure that disruption to the life of you and your family is kept to a minimum, is crucial.

Complex issues

Instructing a specialist domestic violence defence solicitor with expertise in these types of cases is essential, in order to deal with the sensitive and complex issues that often arise and provide appropriate guidance and advice to ensure that you secure a fair outcome.

Types of offences

There is no specific offence of ‘domestic violence’ or ‘domestic abuse’. Domestic violence includes various different types of offences, including assault, murder, rape, coercive or controlling behaviour and criminal damage. When these offences are committed in a domestic setting against a family member, they are normally referred to as domestic violence.

What is domestic violence in the eyes of the law?

Domestic violence, also known as domestic abuse, is defined by a cross-government definition announced by Nick Clegg in 2012 as:

“Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality.”

There is no specific offence of ‘domestic violence’ or ‘domestic abuse’. Domestic violence includes various different types of offences, including assault, murder, rape, coercive or controlling behaviour and criminal damage. When these offences are committed in a domestic setting against a family member, they are normally referred to as domestic violence.

As well as physical violence, such as ABH, GBH and common assault, domestic violence can include:

  • Sexual abuse
  • Sexual assault
  • Financial abuse
  • Emotional abuse
  • Psychological abuse
  • Forced marriage
  • Harassment and stalking
  • Honour-based abuse
  • Threats or intimidation

Domestic violence defence solicitors are experts in these offences and understand exactly how to handle what are often extremely complex cases.

Domestic violence defence: who is counted as a family member?

Whether or not a person is considered to be a family member can depend on the circumstances of the case. However, as a guideline, a family member may be an unmarried partner, a civil partner, a spouse, a child or a parent. Grandparents and siblings may also be included in this category.

Domestic violence defence: what are the penalties?

This is dependent on the offence/s you are being convicted for. For example, if you are charged with GBH or ABH, depending on the circumstances of the case and the victim’s injuries, you could be given a prison sentence.

Every domestic abuse case is treated individually. The assault charge, together with the alleged emotional and physical aspects, will be taken into account. Any aggravating factors, such as how any children are affected and any previous convictions, will also be considered.

Various other factors, such as mental illness or the involvement and influence of alcohol, may also be taken into account, depending on the case.

Being accused of domestic abuse can have a large impact on yours and your family’s lives, which is why it is so important to seek advice from an experienced domestic violence defence solicitor, as soon as you are arrested for domestic abuse.

Domestic violence defence: court orders

As well as a prison sentence, you could find yourself the subject of a court order.

Your alleged victim may apply for various court orders, including:

  • An occupation order – this type of court order can specify that the person accused of domestic abuse must leave the home they live in with the alleged victim.
  • A non-molestation order – this type of order can be used to stop the accused being threatening towards or harming the alleged victim.
  • A restraining order – this prohibits the abuser from doing various things, such as making contact with the victim or going to their home or workplace

Breaching a court order can have serious consequences and can even result in a prison sentence. If your alleged victim is applying for a court order, it is crucial to seek legal advice from a domestic violence defence specialist as soon as possible.

Do I have a right to a domestic violence defence solicitor if I am arrested for domestic abuse?

When you are arrested, the police must explain to you why you are being arrested and what exactly the crime is that they suspect you of committing.

Make sure to contact a specialist domestic violence defence solicitor and do not answer any questions without having received legal advice first. Having a domestic violence defence professional with you during what is often an extremely emotional time, can help to ensure that you are fully prepared and supported during questioning.

Following your interview, the police will either caution you or charge you with a criminal offence. If you are cautioned, you can leave straight away. If you are charged, your domestic violence defence solicitor can help you to arrange bail and begin to plan for your court date.

Having a domestic violence defence solicitor to guide you through the process from arrest through to your court appearance, will ensure that your rights are respected and that you have the best chance of obtaining the best possible result for you.

Is there a domestic violence defence?

Various defences may be available to those accused of domestic violence.

An experienced domestic violence defence solicitor will listen to you and study your case in detail, to ensure that no possible domestic violence defence is overlooked.

A common defence to assault is self-defence. Having a specialist domestic violence defence solicitor on your side will ensure that you do not miss a potential defence, which could either act as a defence in court or stop you from being prosecuted altogether.

While not a domestic violence defence as such, there can be mitigating circumstances which may result in the penalty being lessened. These could include mental illness, co-operating with the authorities or genuine remorse.

Why is a domestic violence defence lawyer necessary?

A domestic violence defence solicitor is experienced in handling these often challenging, complex and highly sensitive cases and can ensure that no defence is missed.

Your domestic violence defence solicitor will guide you through the criminal proceedings, making sure that you achieve a fair result.

Client was on bail for assaulting his infant son. Social services reported the claim, but there was no evidence, only the mother’s statement that the boy was injured by evening. Client explained the injury occurred when the boy fell off a bouncy castle, which was confirmed by four family members. By obtaining statements and submitting them to the police, we demonstrated the lack of evidence, and the case was dropped with no further action.

My client was accused of historic domestic abuse allegations. The police provided written disclosure in advance of an interview, and we were able to go through this and provide a four-page statement detailing evidence to the contrary on each allegation. The statement and evidence provided was so detailed that the police had no questions to put to my client, meaning that the interview process was far less stressful than he envisaged.

Client was on bail for domestic abuse in relation to his wife. This had been dragging on for some time. We were able to obtain the particulars of the allegations from the police and then to go through them with the client. We were then able to obtain evidence that contradicted the allegations, including statements from friends, which showed that the allegations could not be true and so the police took no further action against the client. By obtaining case details, going through these with the client, speaking to witnesses and obtaining corroborative evidence, it was possible to show that the allegations were fabricated.

Client was a health care professional employed on an agency basis. There was a historic allegation made by a former client. We were able to obtain the particulars of the allegation from the police and then to set about obtaining evidence from witnesses who could cast doubt on the allegations and serve this evidence upon the police and push them for a swift resolution. The client had been on a lengthy period of police bail at the time he instructed us, and we were able to speed the process up, which was key as the client was unable to work and had no income during the lengthy period of bail.

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