What is domestic abuse?
Domestic abuse includes physical, psychological, sexual abuse and financial abuse.
It is important to understand that the abuse does not need to have occurred only between husband and wife or sexual partners. It also applies to family members such as siblings, grandparents, stepfamily members or former partners. Men, as well as women, can be subjected to domestic abuse.
The abuse may have been a one-off event or an on-going pattern of behaviour across several years. The abuse does not need to have resulted in an injury or any harm to the victim for the offender to be found guilty. In addition to physical and/or sexual abuse, domestic abuse can include:
- coercive control and gaslighting
- economic abuse – limiting access to financial assets
- online abuse
- emotional abuse or blackmail
- bullying and threatening conduct
- monitoring or limiting access to technology
Even threats of domestic abuse can be prosecuted.
Getting help if you are experiencing abuse
If your partner, ex-partner, or somebody with whom you live has threatened or abused you in any way, you can get help and support.
Domestic abuse and coercive and controlling behaviour are criminal offences. Offenders can be prosecuted, and police can take action to protect the victim (as well as their children) from the abuse. A solicitor can also apply to the family court for a non-molestation order or an occupation order which will stipulate who may reside in the family home. We can provide guidance, advise you of your options, and apply for these orders on your behalf.
What happens if I am charged with domestic abuse?
If someone has accused you of any form of domestic abuse you should take it seriously and get legal help straight away. Whether or not you believe the allegation to be true, you will no doubt be worried about what is going to happen.
Anyone charged with domestic abuse should expect to have to attend an initial hearing at their local magistrate’s court. Depending on the seriousness of the charge the case may then go to a full trial at the Crown Court and the defendant may be remanded into police custody. It can be difficult to get bail. It is a good idea to have an experienced lawyer at this stage who will help you to prepare your police statements and court plea. It is possible to get the charge dropped if it can be shown that it is unlikely that you would be convicted, and it is not in the public interest to prosecute you.
What are the penalties?
The penalty will depend on what the charge is. Normally, if someone is arrested for domestic abuse the charge will be common assault, actual bodily harm, or grievous bodily harm, which is more serious. Penalties for domestic abuse include the following court orders and sentences:
- Occupation Orders – The accused can be forced to leave the home they share with the alleged victim.
- Non-Molestation Orders (NMO) – if you were to breach an NMO you can face up to 5 years in prison.
What are the possible defences?
The facts surrounding each case will have to be considered carefully. However, there are a number of mitigating factors that can help defendants avoid prosecution or prison. These include:
- The charge is the result of false allegations made during an acrimonious separation.
- The defendant acted in self-defence or in response to extreme provocation.
- There were multiple offenders, and your role was minimal.
- You could admit part of the alleged incident but dispute other accusations.
For expert family law advice from highly qualified professionals, contact one of our lawyers at [email protected] or call 020 3858 8020.