Assault Against the Person in Domestic Abuse Cases

There is not one definition of domestic violence, the term can be applied to any abusive behaviour upon a person to who the accused is personally connected to.


Behaviour is “abusive” if it consists of any of the following:


  • physical or sexual abuse;
  • violent or threatening behaviour;
  • controlling or coercive behaviour;
  • economic abuse
  • psychological, emotional or other abuse.


The impact of being accused of a domestically violent offence can have extremely damaging consequences for the accused such as the loss of their home and children, their job and in some cases their liberty.


Being accused of an offence which arises from domestic violence can lead to other consequences such as orders being imposed on the accused both before and after conviction, these orders are Domestic Violence Protection Notices and Domestic Violence Protection Orders.


Our lawyers represent clients at all stages of proceedings when domestic violence is alleged both pre-charge by way of police station representation, at court opposing Domestic Violence Protection Orders, and following any charging decisions being made by way of defending our client's case.


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There are various levels of assaults which can be alleged, which assault you are accused of depends on the level of harm alleged to have been caused to the person making the complaint.


Section 39 (common assault/battery)

An assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence.

Section 47 (assault occasioning actual bodily harm)

The offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm. It must be proved that the assault (which includes “battery”) “occasioned” or caused the bodily harm. Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim


Section 18 (grievous bodily harm)

The words grievous bodily harm mean really serious harm, but the harm does not have to be permanent or dangerous. The level of harm is to be determined by the jury as long with the seriousness of it.

Frequently Asked Questions


Will I go to prison for domestic violence?

Whether a conviction will result in a custodial sentence depends on the nature of the offending, its seriousness and the accused's mitigation in addition to whether they have any previous convictions.


Low level assaults with no previous convictions are less likely to attract a custodial sentence. However, being charged with a more serious assault can carry a lengthy term of imprisonment.


Our lawyers can provide you with sentencing advice specific to your circumstances.


Will my case be discontinued if my partner drops the allegation?


If the complainant in a case no longer supports the prosecution this does not necessarily result in the case being discontinued. The prosecution must decide whether they want to continue with what is referred to as an evidence led prosecution. This means they will rely on all evidence they have obtained during court proceedings regardless of the complainant's unwillingness to engage.


It is important in these circumstances you have a lawyer engaging with the prosecution services before any charging decision is made so that representations setting out the evidential difficulties that are likely to arise in an evidential led prosecution.


Does domestic violence show on a DBS?


Yes, a conviction for any offence relating to domestic abuse will be recorded on the accused's police record, and will show to any employer who requests a DBS check.



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