Charged with Domestic Violence?
Are you being charged with Domestic Violence? Our professional Specialist Solicitors can help. Contact us today on 0800 634 7022 to discuss your options, or fill out our online contact form.
If charged with an offence of common assault domestic violence it is vital to obtain the services of a solicitor, specialising in common assault domestic violence.
Common assault domestic violence charges are dealt with under a seperate protocol at the Magistrate's Court. If a guilty plea is entered to a charge of common assault domestic violence, the court will almost always adjourn the case for the preperation of a presentence report prepared by the probation service.
Domestic Violence Definition
There is no statutory offence of domestic violence. We use domestic violence as a general term to describe a range of behaviours used by a person to control another with whom they have, or have had, a close relationship with. As a result, the definition of domestic violence is quite broad, and covers a wide range of offences.
The standard definiton describes domestic violence as "Any criminal offence arising out of physical, sexual, psychological, emotional or financial abuse by one person against a current or former partner in a close relationship, or against a current or former family member".
The above definiton applies to all forms of violent and controlling behaviour including, but not limited to, assault, harassment and threats.
Domestic Violence Sentencing
As stated above, domestic violence is a broad term that covers many different convictions related to abusive relationships. As a result, there are numerous factors that are taken into account when the court is considering their verdict. This is why it is important that you contact us as soon as possible, so we can begin working on your defence immediately.
The first test that must be considered is the amount of evidence, and the quality of that evidence. The prosecutors must satisfy the court that the evidence they present is enough to provide a "realistic prospect of conviction against each defendant on each charge". In other words, the jury who will be deciding the verdict must be more likely to convict the defendant of the alleged charge, than not. For there to be a conviction in a criminal court, the prosecution has to prove the defendant is guilty of the alleged charge beyond reasonable doubt.
If the case passes the aforementioned test, it proceeds onto the second test. The court must then decide if a prosecution is in the public interest. The prosecutors must always take into account if "the consequences for the victim of the decision whether or not to prosecute, and any views expressed by the victim or the victim's family".
Should the case in question pass both the test, it will be down to the court to provide a verdict. If found guilty, the sentence issued will be relevant to the conviction.
Domestic Violence Defence
If charged with an offence of domestic violence, it is essential to contact a specialist defence lawyer as soon as possible. Common assault domestic violence charges are often extremely complicated in regards to the background. In many cases the complainant may well wish not to proceed with the charge of common assault, and in fact only made the complaint of domestic violence because they were angry, upset, intoxicated or all three together. Sometime thereafter, when calm is restored, they believe that they can contact the police in order to retract their statement.
In our experience, which is significant in these cases, once a charge of domestic violence has been made, the police will rarely drop the case. The views of the complainant are largely irrelevant, and the police and Crown Prosecution Service, will do everything they can to secure a conviction against a person charged with common assault domestic violence.
FREE Common Assault Defence Assessment
If charged with any offence of common assault or domestic violence, feel free to contact us immediately to discuss how to best resolve the situation, or you can fill in our FREE ASSAULT DEFENCE ASSESSMENT form.
Need help regarding Domestic Violence sentencing?
Our Common Assault Solicitors have significant experience and have been practicing in Common Assault cases for over 20 years now, so please don't hesitate to contact us free on 0800 634 7022 today.