Domestic Allegations

The surge in investigations into domestic abuse offences and the creation of new offences reflect society’s growing awareness and concern about this issue. It’s encouraging to see that measures such as extending time limits for reporting allegations within domestic relationships are being implemented to facilitate justice and support victims. However, the significant increase in recorded domestic abuse-related crimes from 2016 to 2023, as indicated by police data, underscores the urgent need for continued efforts to address and combat this pervasive problem.

For years, IB Legal has stood by clients confronting allegations of domestic abuse, recognising the sensitivity and complexity of this legal terrain. Facing such accusations can be deeply distressing, often leaving individuals feeling isolated and overwhelmed by the implications. It's crucial to acknowledge that in these situations, there's always more to the story than meets the eye. While specific allegations may surface, the underlying circumstances are frequently intricate, with multiple perspectives at play.

Our message to those navigating allegations of domestic abuse is clear: you don’t have to navigate this challenging terrain alone. We’re here to provide support, guidance, and dedicated legal representation every step of the way.

Now, let’s clarify what constitutes domestic abuse or domestic violence. This term encompasses a broad spectrum of harmful behaviours directed toward a family member. It extends beyond physical violence to encompass controlling, coercive, and threatening actions.

The definition of “family member” can vary depending on the context, encompassing spouses, civil partners, unmarried partners, children, siblings, parents, and grandparents, among others.

Domestic abuse manifests in numerous forms, including physical, emotional, sexual, and psychological abuse, as well as threats and intimidation. It’s important to understand that while there isn’t a specific offence labelled “domestic abuse” or “domestic violence,” several offences committed within a domestic setting fall under this umbrella. These offences range from assault and threatening behaviour to coercive or controlling conduct, and even more severe crimes such as murder, rape, and manslaughter.

How can IB Legal help me?

IB Legal is dedicated to providing comprehensive support and representation to individuals facing allegations of domestic abuse. Here’s how we can assist you throughout the legal process:

Liaison with Law Enforcement: During the investigative phase, we’ll communicate with the police in a sensitive manner, ensuring that your rights and interests are upheld throughout the process.
Handling Retraction Statements: In many instances, there may be retraction statements involved. We’ll navigate these complexities with care and expertise, advocating for your best interests.
Exploring Alternatives to Prosecution: If an allegation is admitted, we’ll explore potential alternatives to prosecution, such as cautioning. We’ll assess the possibility of a caution and guide you through this process.
Advising on Domestic Violence Protection Orders: We’ll provide thorough guidance on Domestic Violence Protection Orders, ensuring that you understand your rights and options in relation to these legal measures.
Out-of-Court Disposals and Diversionary Tools: We’ll advise you on the possibility of out-of-court disposals and diversionary tools available in your case. These may include restorative justice, simple cautions, conditional cautions, and youth cautions for younger individuals.
Meticulous Case Presentation: If the allegation is denied, we’ll meticulously present your case, leaving no stone unturned in your defence. We understand that cases of a domestic nature can often involve limited supporting evidence, and we’ll work tirelessly to ensure that your perspective is thoroughly represented.
Court Representation: If the matter proceeds to court, we’ll provide steadfast representation, ensuring that your voice is heard and your rights are protected. We’ll employ strategic legal tactics and advocate vigorously on your behalf.
Exploring Restorative Justice: In cases involving prosecution where the matter is admitted, we’ll explore the availability of restorative justice options, seeking resolutions that prioritise healing and reconciliation where appropriate.

At IB Legal, we’re committed to standing by you every step of the way, providing compassionate support and expert legal guidance tailored to your unique circumstances. You can trust us to fiercely defend your rights and pursue the best possible outcome for your case.

What is a section 39 assault?

A Section 39 assault encompasses various forms of non-injury-related assaults, including common assault, battery, and assault by beating. These offences are considered the least severe types of assault. Here’s a breakdown of each:

Common Assault: Common assault occurs when there is no actual physical contact, but the victim is made to fear immediate unlawful violence. It involves actions or threats that cause the victim to apprehend harm, even if no physical contact is made.
Battery: Battery refers to an assault where physical contact is made, but no significant injury is caused. It involves the intentional and unlawful application of force to another person without their consent.
Assault by Beating: Assault by beating is another form of non-injury assault where physical contact occurs, but no injuries are inflicted. It typically involves the intentional application of force or violence against another person, resulting in physical contact but not causing significant harm.

These Section 39 assaults cover a range of scenarios where there is a breach of personal boundaries or a threat of harm, but without resulting in significant physical injury. Despite being considered less severe compared to other forms of assault, they are still serious offences that carry legal consequences.

Do I need a lawyer for a domestic violence case?

Seeking legal advice is crucial for anyone suspected or accused of a domestic violence offence. The legal landscape surrounding domestic violence is grave, with both law enforcement and the courts treating these cases with utmost seriousness. It’s not unusual for defendants to face pre-trial detention, adding to the urgency of seeking legal counsel.

A conviction for domestic violence can have devastating consequences, extending far beyond the courtroom. It can tarnish one’s reputation, jeopardise their livelihood, and leave them with a permanent criminal record. Additionally, imprisonment is a distinct possibility, further amplifying the gravity of the situation. Given these profound repercussions, obtaining expert legal guidance is essential to safeguarding one’s rights and mounting a robust defence.

How do you get a domestic violence charge dropped?

Before you’re formally charged with a domestic violence offence, your solicitor can advocate on your behalf by making representations to the police and prosecution. They can argue that charging you may not be in the public interest and that there may not be a realistic prospect of conviction, thus potentially averting charges altogether.

The decision to charge hinges on two key conditions: first, whether it’s deemed to be in the public interest, and second, whether there’s a realistic prospect of securing a conviction. Your lawyer can craft a compelling argument, challenging these conditions if they believe they aren’t met, which could lead to the avoidance of charges.

Once the decision to charge you is made, if you deny the allegations, the case will likely proceed to trial. Prosecutors may consider discontinuing charges if they find insufficient evidence to support a trial, but this decision ultimately rests with them. However, it’s important to note that such discontinuations are relatively rare. Therefore, securing skilled legal representation early on can significantly impact the outcome of your case.

Does domestic violence show up on a criminal record?

Yes, typically, individuals convicted of domestic violence will have a criminal record, which can have significant implications for various aspects of their lives, including employment opportunities. In many jurisdictions, individuals are required to disclose any criminal convictions, including those related to domestic violence, on job applications. Additionally, certain types of background checks, like a Disclosure and Barring Service (DBS) check in the UK, can reveal this information to potential employers. This is done to ensure transparency and safety in workplaces.

Will I go to prison for domestic violence?

Absolutely, the severity of the punishment for domestic violence varies depending on the specific circumstances of each case. Factors such as the nature and extent of the violence, any previous convictions, and mitigating factors play crucial roles in determining the outcome. Less severe cases, such as common assault or battery, may result in community service, probation, or fines rather than custodial sentences. However, more serious offences like grievous bodily harm (GBH) may indeed lead to imprisonment, especially if there are aggravating factors involved or if the defendant has a history of violence. Each case is evaluated individually, taking into account all relevant factors before a decision is made on sentencing.