Domestic Violence Allegations - The Consequences
Domestic Violence Allegations - The Consequences
Allegations of domestic violence carry significant consequences for the accused, in addition to the possibility of losing their liberty, the social stigma that comes with allegations of violence within the home can cause irreparable damage to relationships, employment, travel/VISA problems and a persons reputation.
Social and Personal Consequences
Accusations can lead to widespread social exclusion, as domestic violence is widely condemned. Friends, family, and community members may distance themselves from the accused isolating them from their social norms.
Reputational Damage
An accused's personal and professional reputation can be severely tarnished. Even if proven innocent, the accusation alone can leave a lasting negative impact on a persons ability to begin new relationships, commence or start employment. It is therefore, your lawyers handle your case in a way which considers the reputational issues that may arise and manages those appropriately.
Impact on Mental Health
The stress and emotional toll that being accused can lead to anxiety, depression and other mental health issues. It is normal to feel isolated when going through an investigation, and it is expected for them to feel unfairly judged. Instruct a lawyer who can guide you through the process step by step and who will dedicate their time to ensuring the correct level of client care is provided to you. Our team at Eventum Legal have undertaken mental health awareness training, our staff can support and sign post you to services that can help.
Legal and Financial Consequences
The accused facing criminal charges face the prospect of a lengthy court process to prove their innocence. The consequences should the accused be convicted could lead to imprisonment, retraining orders being imposed and other mandatory orders being placed upon them by the court which can restrict their life, and again relationships with their loved ones and in some cases children.
The financial strain of of the legal challenges can result in significant hardship, but financial strain may also be caused by the loss of employment. It is important to work with your legal team to assess how your financial situation may be impacted due to a false domestic violence allegation.
Family and Relationship Strain
Family dynamics can be severely impacted, sometimes at no choice of either party. If you have been accused of being violent in a domestic setting against someone close to you, this could lead to estrangement from family members, loss of contact with children or restrictions on your ability to see or care for your children. You may also be prohibited from going to a certain area, or collecting your children from school.
The allegations may also cause issues in new relationships such as trust issues, and the trauma for the accused can make it very difficult to form future relationships.
We often find that alongside criminal allegations relating to domestic violence there are family proceedings ongoing. We fully acknowledge that false allegations can be made to bolster family court claims whether they be ongoing financial disputes or child custody battles. It is important that you instruct lawyers who are aware of the impact criminal proceedings can have on family court proceedings and vice versa.
Societal Perspectives
Reactions by society can cause immense issues in domestic violence cases due to the gender stereotypes that influence the thoughts of society. Men are often assumed to be the perpetrators, while women are presumed the victims, complicating the situation for both genders.
Social Media
In today's society social media massively impacts public opinion and can often exacerbate the situation between the accused and the complainant. Social media can amplify the stigma surrounding domestic violence leading to widespread condemnation and misinformation. If you are accused of such an offence, it is important you keep records of any social media posts that may be relevant to the allegations against you.
The Importance of a strong Defence and a Fair Trial
Early legal advice and representation is crucial in preventing the injustices of being wrongly accused of domestic violence, and also the consequences above. at Eventum legal all of the above are at the forefront of our minds when we are representing our client, preserving their reputation, their relationships with loved ones and their children and ensuring the evidence is carefully considered and challenged.
If you have professional bodies involved in the allegations against you, or there are separate proceedings in the family court, we can work with employment lawyers and family lawyers to protect your legal interests in all courts.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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