Domestic Violence

There is no specific offence of domestic violence and conduct amounting to domestic violence is covered by a number of statutory provisions. For the purposes of this guideline, wherever such offending occurs, domestic violence is: ‘Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality’.

Most incidents of domestic violence can be charged as one of a wide range of offences including physical assault (with or without a weapon), harassment, threats to cause injury or to kill, destroying or damaging property, false imprisonment (locking the victim in a room or preventing that person from leaving the house), and sexual offences.

Under the above definition, the domestic context includes relationships involving intimate partners who are living together, intimate partners who do not live together and former intimate partners. It is also wide enough to include relationships between family members, for example between a father and a daughter, or a mother and a daughter, perhaps where the daughter is the mother’s carer.

In assessing the seriousness of the allegation the court will take account of a number of factors, fore eaxample the impact on children, a proven history of demestic violence or even the alleged victim being deemed vulnerable (this could include factors dictated by cultural, religious, language or financial circumstances).

Due to the very nature of a domestic setting the the courts have various powers available to them when deciding on sentence which include restraining and non moleststion orders.

The impact of being accused of a domestic related offence is significant. It will usually mean that conditions will be attached to bail preventing contact and even residing in the family home.

If you are accused of domestic related offence then contact us and speak with one of our specialist solicitors today.

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