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Reports, charges, and convictions of domestic abuse in England and Wales have declined over the past few years. But the Crown Prosecution Service is cracking down on the legal process for domestic abuse cases in the hope of improving the experience for victims.
With this in mind, it is important to reach out to a specialist domestic abuse solicitor if you are facing a charge or conviction for domestic abuse.
I have written this guide for the people who have been accused of domestic abuse to shed light on what domestic abuse is, what your sentencing could be, and what support networks you can access.
Need a domestic abuse solicitor to help you with a charge? You can book a consultation with me or request my attendance at a police station by calling 020 3007 5500.
What is domestic abuse?
Domestic abuse is interactions that cause some type of harm to the victim. It often involves controlling, coercive and isolating behaviour, causing a negative impact on the victim’s life.
Anyone can be a perpetrator of domestic abuse, and equally, anyone can be a victim.
People in all types of relationships can experience domestic abuse. This includes your family, a friend, an intimate partner, or your children.
Victims and perpetrators must be “personally connected”
To be classed as domestic abuse, the victim and perpetrator must be personally connected. The court does not class abuse from strangers and acquaintances as domestic abuse.
A personal connection includes married couples, engaged couples, cohabiting couples, civil partners, intimate partners, relatives by blood, relatives by marriage, and parents or carers of the same child.
Abuse can happen regardless of religion, gender, sexual preferences, race, social standing or class status.
There are many causes for domestic abuse, including the perpetrator experiencing abuse themself. The perpetrator may not even realise their behaviour is abusive.
It’s important to note that if the victim is under 16, it classes as child abuse rather than domestic abuse.
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If you’ve been accused of a criminal offence you should speak to a solicitor right away.
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What is classed as domestic abuse?
People often associate domestic abuse with violence. But there are actually various types of abuse, all of which the court considers and can lead to charges.
Regardless of whether the abuse is repetitive or a one-off event, it is still domestic abuse.
Mental and Emotional
Mental and emotional abuse is where the perpetrator behaves in a way that negatively impacts the victim’s mental and emotional well-being.
Examples:
- Abusing the victim’s trust to their detriment
- Using their worries and anxieties to manipulate them
- Silent treatment
- Insults in private or public
- Prevention of sleep
- Intimidation
- Gaslighting
Control and coercion
Controlling and coercive abuse is a repetitive behaviour that significantly impacts the victim’s usual daily life.
Examples:
- Isolation from friends and family
- Reducing communication with other people through restriction or misinterpretation
- Monitoring behaviours and activity
- Substance abuse towards the victim
- Threats of sectioning or putting them in a care home
Physical, violent, and threatening
Physical abuse is characterised by violent and threatening behaviour towards the victim.
Examples:
- Direct violence to the victim e.g. punching, kicking, pushing, strangulation
- Threats of violence
- Using weapons to inflict pain e.g. knives, lighters
- Throwing objects
- Preventing the use of crucial medications or medical equipment
Economic
Economic abuse is the interference with someone’s ability to use resources such as money, utilities and transport.
It is typical for the perpetrator to control resources to the point where the victim depends on them for daily living and prevents them from accessing a means of escape.
Examples:
- Controlling all finances
- Preventing benefit claims
- Controlling access to the internet, household utilities, food etc
- Damaging personal property
- Interfering with employment
- Putting debt in the victim’s name
Sexual
Sexual abuse is any type of abuse of a sexual nature, usually involving tricking, forcing or pressuring the victim.
Examples:
- Rape
- Sexual assault
- Filming sexual acts without consent
- Intentionally giving the victim a Sexually Transmitted Infection
- Pressuring or deceiving the victim into unsafe sex
- Violent acts during sex
Even if the perpetrator thinks they’re acting in their partner’s best interests, it doesn’t release them from blame or criminal convictions.
What are the causes and are any of them excusable in court?
Perpetrators of domestic abuse often have the feeling that they are acting in the best interest of the victim or that the abuse was the victim’s fault.
Some other reasons for abuse include:
- Wanting to gain power and control
- Past experiences of abuse
- Drug or alcohol-fuelled behaviour
- Religious interpretations
- Mental health conditions
- They didn’t realise that what they were doing was abuse
Regardless of the reason someone gives, the court’s stance is that the perpetrator should avoid blaming the victim and take responsibility for their actions.
Counselling and support for abusers
If you are worried that you’ll abuse someone close to you, you can reach out to Respect. Respect is a registered charity that aims to help perpetrators recognise their behaviours and change their cycle of abuse. They have a free and non-judgemental helpline, as well as resources on their website.
Domestic abuse law – The Domestic Abuse Act 2021
In 2019, the government published the Domestic Abuse Bill, with a subsequent iteration, the Domestic Abuse Act 2021. This Act aims to raise awareness and understanding of domestic abuse and improve the justice system to ensure more suitable charges.
This can make for a more stringent approach towards investigations and harsher punishments for perpetrators, highlighting the importance of working with a solicitor early on in your case.
Domestic abuse charges and sentencing guidelines
With domestic abuse cases, you don’t simply receive a conviction of ‘domestic abuse.’ These cases are much more complex, and the charges relate to the type of abuse. For example, you receive a conviction of ABH for violence or a sexual offence for rape.
There are some exceptional circumstances where the police can decide to caution you, but they can’t make charging decisions for domestic abuse. This is down to the Crown Prosecution Service.
Aside from a criminal charge you could also face a court order.
Domestic Violence Protection Order – protects the victim from further domestic violence, bans you from entering your shared home, and prevents contact with them. A Domestic Violence Protection Order lasts for 28 days.
Non-molestation Order – aims to prevent you from harming or threatening the victim.
Occupation Order – forces you to leave the home you share with the victim and prevents you from going back.
Prison sentence for domestic abuse
Whether you receive a prison sentence will depend on the crime. For crimes such as common assault, you could receive a 1-year prison sentence. Sentences can then range all the way up to life imprisonment for murder and rape.
In some cases, you may receive a caution rather than a prison sentence.
Domestic Abuse Perpetrator Programme
If the court convicts you for a domestic abuse offence, you may get a referral to attend a Domestic Abuse Perpetrator Programme. These programmes are 1-on-1 and group-based sessions providing a safe space for you to discuss your experiences and gain insight into how to change your behaviour.
There is a parallel programme for the victim of the abuse so that you can both experience help in tandem and work on creating a respectful relationship.
Facing domestic abuse charges?
We’re here to give the advice you need when you need it. Just contact us to arrange an appointment.
Lines open 24/7
020 3007 5500
Does domestic abuse go on my criminal record?
Your conviction will go on your criminal record and your name will be added to the Domestic Violence Disclosure Scheme (aka Clare’s Law). The Sexual Offenders Register will also apply to you if you receive a sexual assault conviction.
The Domestic Violence Disclosure Scheme allows someone to find out if their partner has a history of abuse. A partner can request this information from the police. The police can disclose information if they believe it will keep victims safe or if it is necessary to protect someone from potential abuse.
Who can report domestic abuse and when?
In England and Wales, the Crown prosecutes the perpetrator of criminal convictions, not the victim. This means that reports can come from people other than the victim – in fact, the victim’s involvement isn’t necessary for prosecution.
Anyone can report their suspicion of domestic abuse, for example, friends, family, social services, the police, neighbours, witnesses, etc.
If the victim doesn’t want to provide any accounts, the court can use other evidence, for example, footage, photos, or witness statements.
Can a charge come later down the line?
There are a multitude of reasons why someone may not report abuse whilst it’s happening but choose to report it later down the line. Some of these reasons include:
- Overcoming a language barrier
- Saving up enough money to move away from the abuser
- Empowerment through support networks, counselling, charities
- Fallen out of love with the abuser
- Gaining a better understanding of the legal process
Victims can report incidents up to 2 years after the incident occurred. So even if you no longer see this person, they can still report you to the police which could lead to an investigation.
Can charges be dropped?
It is quite common for a victim to drop a case. Most of the time this is due to fear or shame on the victim’s part. But just because the victim no longer has involvement, doesn’t mean that the court can’t still caution or convict you of a criminal offence if they have the evidence.
Your solicitor can help during a case by gathering enough evidence to suggest that the incident(s) were not domestic abuse and actually due to a different reasonable or valid cause.
How can a domestic abuse solicitor help?
These cases are known for their complexity as in many cases the victim and suspected abuser give conflicting information on events. It can also sometimes be difficult to navigate a domestic abuse case due to a lack of evidence.
Due to this, speaking with a solicitor early on in your case is essential. This is particularly vital if you have a previous history of abuse, are going through another court case, or have anything else on your criminal record.
Please note that we cannot represent victims of domestic abuse. If you are a victim of domestic abuse, you should report this directly to the police who will take over the case.
How can Britton and Time Solicitors help?
We understand the life-changing impact of being accused of domestic abuse. That’s why our initial consultations with our domestic abuse solicitors offer you:
- Unlimited time to go through the details of your case and ask any questions
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 020 3007 5500.
Hi sir
Need urgent help as been accused of domestic abuse which is not domestic abuse case. Instead it is cinflict between partners but someone reported us and police took me to police station and i am now on bail.
Hello Kashif, thank you for your comment. Please call us on 0203 007 5500 or email us on [email protected] so that we can discuss your matter further and book in a consultation.