Domestic Violence Allegations

About Domestic Violence Allegations

Domestic violence is not a single criminal offence but a category of offending defined by the relationship between the accused and the complainant. Under the Domestic Abuse Act 2021, domestic abuse includes physical violence, emotional abuse, controlling or coercive behaviour, economic abuse, and threats. When an allegation of assault — whether common assault, ABH, or GBH — arises in a domestic context, the police and CPS apply a specialist approach that differs significantly from how they handle non-domestic violence.

The police are trained to adopt a positive action policy in domestic violence cases, which means they will almost always arrest the suspect. Bail conditions are routinely imposed, often preventing the accused from returning home or contacting the complainant and any children. These conditions can remain in place for months while the investigation proceeds. The CPS has specialist domestic violence prosecutors who apply the charging decision differently, frequently proceeding with cases even where the complainant has withdrawn support.

Sentencing for domestic violence offences is determined by the underlying charge — common assault, ABH, GBH, or another offence — but the domestic element is treated as a statutory aggravating factor under the sentencing guidelines. This means that an assault in a domestic context will almost always attract a higher sentence than the same assault between strangers. Restraining orders are routinely imposed on conviction, and can also be imposed on acquittal if the court considers it necessary to protect the complainant.

False or exaggerated allegations of domestic violence are more common than many people realise. They can arise during relationship breakdowns, custody disputes, or as a result of mental health difficulties. Defending these cases requires a careful, evidence-based approach — examining the complainant's account for inconsistencies, obtaining relevant communications and social media evidence, and understanding the wider context of the relationship. Acting quickly to secure this evidence before it is lost is essential.

Why Early Representation Matters

Domestic violence cases require a different approach from other criminal matters because they touch every part of your life simultaneously — your home, your family, your children, and your reputation. We understand the interaction between the criminal case and any parallel family court proceedings, and we ensure that what happens in one does not undermine your position in the other.

Our immediate priority is to advise you before your police interview and to challenge any bail conditions that are disproportionate. If you have been excluded from your home or prevented from seeing your children, we can make representations to have those conditions varied. We also move quickly to secure evidence — text messages, emails, social media posts, and any other communications that provide context for the allegation.

Where allegations are false or exaggerated, we build a defence that demonstrates this clearly and persuasively. That may involve obtaining third-party evidence, instructing experts to review medical claims, or presenting a timeline of events that contradicts the prosecution account. We handle these cases with the discretion and sensitivity they require, while being absolutely direct about the evidence and the realistic outcomes.