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.

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. 

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:

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.