Self Defence in Domestic Violence Cases FAQ’s

Being accused of domestic violence carries huge consequences including damage to your career, family relationships, your health and reputation. What can make the accusation much worse is when you have acted in self defence during a domestic incident and you are in fact the victim.

Historically, domestic abuse has been understood as a predominantly male-perpetrated crime against females - as an instrument of male control over female partners. However, contemporary reviews show that both partners engaging in violence is the most common form of domestic abuse, and many men are subject to physical violence from their partner.

At Eventum Legal we represent men and women accused of domestic violence, the majority of our client’s are male, but this is no surprise as domestic violence is still very much gender biased. What often comes to light during our meeting with clients who have been accused of domestic abuse is that they are in fact the victim, and the violence leading to their arrest was actually used as self-defence. During our meetings with client's we are able to form a bigger picture to the abuse they have suffered throughout a relationship and we work with them to bring this bigger picture to the attention of the police.

What is Self Defence in Domestic Violence Cases?

Self-defence is a full defence in criminal law. Self-defence allows a person to protect themselves from harm when they believe they are in imminent danger, so long as the force used is reasonable and proportionate.

In domestic cases, self defence can be used if you have been protecting yourself from the violence of your partner. In some instances, there may be an altercation whereby your partner has begun to physically attack you; to defend yourself you may have had to use restraint or push them away from you causing them to suffer injury. However, when using self defence in domestic violence cases it is not unusual for the other party to report you to the police with the intention of using their injuries as evidence against you.

When Can Self Defence Be Used in Domestic Violence Cases?

Self Defence is not a defence you can use to justify violent behaviour; the court and CPS will carefully consider the force used in any act of self-defence and assess whether it was proportionate and reasonable to enable you to protect yourself from harm. When doing this consideration will be given to the circumstances of the incident and the background to your relationship with your accuser.

Working with domestic abuse defence lawyers can assist you in showing how your self defence was proportionate. We can aim to do this before a charging decision by way of pre-charge representations which the CPS lawyer would review and consider.

How to Prove Self Defence in Domestic Violence Cases?

Raising the defence of self defence in a domestic violence case can have its challenges, sadly the first challenge can be getting over the hurdle of the gender bias that exists in domestic abuse cases. It is fair to say that when police attend an incident of domestic violence, and they are faced with a man and woman who both claim assault, the police are in most cases likely to arrest the male party. Therefore, securing strong legal representation is crucial to ensure your self-defence defence is carefully prepared.

Our all-female legal team are passionate about challenging the injustices that exist in domestic abuse cases and providing a robust defence strategy to our client’s case.

The first step to prove self defence in a domestic violence case is for us to discuss the incident with you, taking a full background and a step-by-step account of the incident as you experienced it.

From taking this account and background from you we will identify evidential opportunities to help support your defence. Evidence that can arise includes, but is not limited to:

Witness statements
CCTV/Ring doorbell footage
Social media accounts
Text/What’s App Messages
Scene visits
Obtaining third party records
Instructing specialist expert witnesses to support your defence

The benefit of instructing specialist lawyers to do this for you is that we are experts in knowing exactly what evidence will assist you, and how exactly we can use that evidence to prove that you have acted in self defence during the domestic incident.

Get Help To Prove Self Defence in a Domestic Violence Case

Our initial consultation is free during which a member of our team will discuss your case with you and explain the approach we would take to defend your position.

We will always aim to have your case resolved as soon as possible, engaging with the police and CPS early is advised when putting forward your defence. The consequence of non early engagement is that the police and/or CPS may not consider or even be aware of your explanation, background and the circumstances leading up to the incident, which could ultimately lead to the complainant being believed, and you being charged with a serious offence.

Talk to us today for non judgemental and pro-active advice.

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