What is Domestic Violence?
Domestic violence
offences are considered serious offences and can carry severe penalties upon conviction. In the year ending March 2023 there were 51,288 domestic abuse-related prosecutions in England and Wales, however over 2 million people were accused of a criminal offence which stemmed from a domestic incident.
Offences which are borne from a domestic relationship are often very highly emotive, and can rarely be resolved without the involvement of lawyers. It is therefore imperative, that if you are accused of an offence falling under domestic violence then you seek immediate legal advice to safeguard yourself, any children of the family and protect your reputation.
What is Domestic Violence?
There is not one offence of domestic violence. The term domestic violence encompasses many offences which take place between those aged 16 or over who are, or have been, intimate partners or family members. The offences can include:
- Violent offences (s.39, s.47, s.18)
- Controlling or coercive behaviour
- Economic abuse (financial)
- Communication offences
- Stalking and harassment
- Sexual offences towards a partner
The offences do not have to be physical, domestic violence can take the form of emotional and mental abuse.
The domestic context of the offending behaviour makes the offending more serious because it represents a violation of the trust and security that normally exists between people in an intimate or family relationship, and this is reflected in the sentences usually handed now for violence within a domestic setting.
Restraining Orders
There are measures in place whereby a person convicted of an offence relating to domestic violence, an order can be made to prohibit the offender from carrying out certain activities that may involve the complainant.
Such an order may prohibit the offender from doing something, for the purpose of protecting the complainant of the offence. Common terms are likely to include not having contact with named parties (possibly including children) and / or not going to a particular location e.g. the complainant’s home address or place of work.
Domestic violence Protection Notice/Order
Prior to any formal prosecution the police can seek to impose restrictions on a person who is accused of a domestic violence offence. This is done by the application for a Domestic Violence Protection Notice
in the first instance, and this would usually take place very soon after an arrest is made, or the police attend to a domestic violence incident.
To formalise this notice, the police will then within 48 hours make an application to the Magistrates Court to have a Domestic Violence
Protection Order
imposed upon the accused to prohibit them from from certain activities which will aim to protect the complainant. This can have serious consequences for the defendant as it could affect their work, and relationships with their children or other family members.
Defending an allegation of Domestic Violence
At Eventum Legal we often see allegations of domestic violence being made in relationships where there has been a clear breakdown due to some other reason for example; financial disputes, child arrangement disputes, or their has been infidelity and there is an obvious motive for wanting to make their ex-partners life difficult in general.
It is often that family court proceedings are already underway, and some complainants believe that by accusing the other party of a violent or sexual offence will bolster the proceedings in the family court, quite often, if the allegations are not defended properly then this would be the case. We advise taking five steps initially when you are accused of a domestic related criminal offence:
1. Speak to a specialist lawyer - obtain initial advice, receive guidance as to what you should do next and how the allegations can be defended. A lawyer independent from the situation can take an objective view, and advise you clearly on the strategy that can be put in place to defend the case against you.
2. Remove yourself from the situation
3. Document communications with the complainant - do not delete messages, this includes social media
4. Obtain from the complainant's social media any posts they may have made which would counter their allegations
5. Diarise your whereabouts
Addressing an allegation as early as possible gives the accused a much better prospect of defending the allegation. Becoming aware of the steps that can be taken at an early stage can provide crucial in securing evidence to discredit the complainant and prove your innocence. If you or a family member has been accused of committing a criminal offence within a domestic setting,
speak to our lawyers
who will take the time to discuss your case confidentially.
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.
Falsely accused of a sexual or domestic offence? Our team answer some frequently asked questions.
Social media is increasing the risk of unintentional viewing of illegal material, leading to arrests and convictions.
