Lawtons Solicitors has a great deal of experience in representing domestic abuse cases, combined with the care and support needed for all those involved.

It can be a very emotionally draining area of the law. We appreciate these cases are not always straightforward and involve the complexities and intricacies that come with a personal relationship. Lawtons Solicitors work with you to prepare the best lines of defence.

Our domestic violence solicitors will work with you, at your own pace, to ensure the facts of the case are discovered. Lawtons Solicitors will provide the necessary peace of mind that you will be looked after through the whole process.

 

Domestic Violence & The Law

Domestic violence is an “umbrella term” and includes assaults, criminal damage and, basically, any threatening violence, abuse or behaviour between adults who have been, or are currently, intimate partners or members of the same family.

The cross-government definition of domestic violence and abuse is:

Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality.

Domestic violence is not just considered in terms of physical violence, whether common assault, ABH or GBH, but can also include:

  • Behaviour deemed as controlling, which can include financial abuse
  • Threats
  • Sexual abuse / sexual assault
  • Emotional / psychological abuse
  • Harassment & stalking
  • Forced marriage
  • Female genital mutilation
  • Honour-based abuse

The Code for Crown Prosecutors (CPS) determines the severity of domestic violence based on a number of factors, primarily assessing the associated risks and work with police to investigate and possibly take a case to court.

Sentencing will be very much determined on a case by case basis. Aggravating factors, such as previous convictions and the impact on children, will influence a final decision. Additionally, the history of the relationship will often be relevant in assessing the gravity of the offence. The maximum sentence depends on the nature of the case and what has been alleged. As a matter of general principle, a sentence imposed for an offence of domestic violence should be determined by the seriousness of the offence, not by the expressed wishes of the victim.

Most offences of domestic violence are dealt with in a magistrates’ court as an offence of common assault or assault occasioning ABH.

 

What to do if you are accused of Accused of Domestic Violence?

Domestic violence is seen as one of the most sensitive areas of the law for everyone involved, and even seeking specialist advice can seem daunting. But, if an allegation of domestic violence is made against you, you may be arrested without notice or asked to attend the police station. If you find yourself in either of these situations, you should get legal advice before answering any police questions.

Being question by the police regarding a domestic assault accusation can be a particularly emotional experience, especially where a family member has made the allegation. It will be difficult for you to make important decisions and to withstand questioning, so you should ensure you have a specialist solicitor with you.

Lawtons Solicitors has the necessary experience to guide you through this very difficult process.

There are a variety of legal options open to dealing with domestic violence and it is critical to discuss these with a specialist solicitor to ensure the best outcome for everyone involved.

 

Contact Us

For more information on the laws and sentencing surrounding domestic violence, or to discuss in full confidence a specific case, please call 0333 202 0972 or email web@lawtonslaw.co.uk

 

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