Domestic Abuse

About Domestic Abuse

Domestic abuse allegations encompass a broad range of behaviour between people who are or have been in an intimate personal relationship, or who are family members. The Domestic Abuse Act 2021 widened the legal definition to include physical violence, emotional abuse, coercive and controlling behaviour, economic abuse, and threats. Allegations can be prosecuted under numerous statutes — from common assault and ABH under the Offences Against the Person Act 1861, to the specific offence of controlling or coercive behaviour under Section 76 of the Serious Crime Act 2015, and harassment and stalking under the Protection from Harassment Act 1997.

Sentencing for domestic abuse offences varies considerably. A common assault in a domestic context still carries a maximum of six months, but the domestic element is treated as an aggravating factor under the sentencing guidelines, making custodial sentences more likely. Coercive and controlling behaviour carries up to five years' imprisonment. Harassment can carry up to six months on summary conviction or up to five years on indictment, and stalking involving fear of violence or serious alarm and distress carries up to ten years. Restraining orders can be imposed on conviction or even on acquittal, restricting your contact with the complainant indefinitely.

These cases carry unique pressures. Allegations can lead to immediate arrest, bail conditions that force you out of your home, restrictions on seeing your children, and referrals to social services. They often interact with family court proceedings, and anything you say in the criminal case can be used in applications for non-molestation orders, occupation orders, and child arrangement disputes. The stakes extend far beyond the criminal charge itself.

Professional representation from the outset is critical because domestic abuse cases frequently rely on one person's word against another, with limited independent evidence. Early intervention allows us to protect your position before you make any admissions, to challenge the account given by the complainant where it is unreliable, and to manage the complex interaction between criminal and family proceedings that can otherwise catch people off guard.