Domestic Violence
Offences committed within a domestic setting are usually referred to as domestic violence cases. If the police wish to speak to you about offences which are alleged to have occurred in a domestic setting or if you are charged with any such offences, you should take it seriously and get legal help straight away. Any reports within a domestic context are taken very seriously by the police and the Courts.
What is the definition of domestic violence?
It is important to understand that the violence 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.
It may have been a one-off event or an on-going pattern of behaviour across several years. The offence does not need to have resulted in an injury or any harm to the victim, even threatening behaviour can be prosecuted. The term domestic violence includes physical, psychological, and sexual abuse.
Offences falling within this definition include but are not limited to physical assaults, controlling and coercive behaviour, harassment and stalking.
What are the penalties?
The disposal of the case will depend on the nature of any conviction and there are sentencing guidelines specific to each type of offence which our team will discuss with you as necessary. In addition to any punishment the Court can impose other orders such as
- Restraining Orders – breaching a Restraining Order can lead to imprisonment
- 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
In some cases, even if a person is not charged or convicted of an offence the Court may still impose orders prohibiting contact between individuals.
Being accused of a domestic abuse offence can be daunting and if proven, can result in severe penalties. Our team will explain the implications of any alleged offence in simple terms, discuss your options, and provide expert legal guidance to assist you with responding to the accusations.
We are one of the largest and most well-respected criminal law practices in East Kent with a team of experienced and accredited solicitors. We will explain your matter in clear and simple terms, provide you with advice and options, and ease your concerns wherever possible.
If you need assistance, email [email protected] or call us on 01303 246444 for expert criminal law advice.