How A Solicitor Can Help With Domestic Abuse Charges
How A Solicitor Can Help With Domestic Abuse Charges
Domestic abuse incidents are one of the most common reasons why someone is arrested. In the year ending March 2023,the police recorded 889,918 domestic abuse-related crimes (excluding Devon and Cornwall), a similar number to the previous year. Regarding prosecutions, there were 51,288 domestic abuse-related prosecutions in England and Wales for the year ending March 2023, compared with 53,207 in the year ending March 2022.
The above statistics mean that if you are arrested for domestic abuse, it is crucial you take the situation seriously.
What is domestic abuse?
The Domestic Abuse Act 2021 (the Act) provides a statutory definition of domestic abuse:
"Any incident or pattern of incidents of controlling, coercive or 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. This can encompass, but is not limited to, the following types of abuse:
• psychological
• physical
• sexual
• financial
• emotional
Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance, and escape, and regulating their everyday behaviour.
Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim."
Can I be arrested for domestic abuse?
If the police are called to your home due to a domestic abuse incident, they can arrest you. For an arrest to be valid, two factors must be present at the time of the arrest:
• There must be a power of arrest, and
• The arrest must have been made in a lawful manner.
The police cannot arrest you for no reason. They must suspect that you have committed domestic abuse or you will do so if they do not remove you from the situation. The police may have been called because neighbours heard shouting and/or violence or your partner/child phoned for help. However the police have come to arrive at your house, they will assess the situation and decide whether it is safe to let you remain at the property.
If you are arrested, you will be taken to the nearest police station. There, a Custody Officer, will decide whether you should be detained. If your detention is approved, you will be searched, your possessions taken by the police, and your photograph and fingerprints collected.
Do I have the right to call a Solicitor?
The police must inform you of your right to contact a Criminal Law Solicitor as soon as practicable after you reach the police station.
In addition, you must be allowed to use the toilet, be given food and drink, and receive medical help if you feel unwell. If you are on any medication, you can ask for it to be brought to the police station.
Upon arrival, your Solicitor will liaise with your Custody Officer and examine the Charge Sheet to find out how and why you were arrested. If you are asked to attend a police interview, your Solicitor will talk with you beforehand and sit beside you whilst you are being questioned to ensure the police officer conducting the interview acts within their powers.
Will I go to Court if I have been arrested for domestic abuse?
The police will need to have sufficient evidence to present to the Crown Prosecution Service (CPS), as it is this agency that determines whether a criminal prosecution will be brought. The Prosecutor will ask two questions when deciding whether to prosecute, namely:
1. Is there enough evidence against the suspect to provide a realistic prospect of conviction? and if so
2. Is prosecution in the public interest?
If the CPS decide to prosecute you, a court summons will be sent and you will have to appear in the Magistrates’ Court. If the offence is serious, your case may be moved to the Crown Court.
Even if there is not enough evidence to charge you, the police may apply to the Magistrates’ Court for a Domestic Violence Protection Order (DVPO). This can prevent you from returning to a residence or having contact with the complainant for up to 28 days. Breach of a DVPO can lead to you being arrested and brought before the Magistrates’ Court.
Breach of a DVPO is a civil contempt of court under the Magistrates’ Courts Act 1980, section 63. The Court can order a fine not exceeding £50 per day up to a maximum of £5,000 or up to two months’ imprisonment. If the case is adjourned, the Court can remand the person in custody for up to three weeks. Criminal charges can be laid if you committed an offence when you breached the DVPO.
Wrapping up
Having an experienced Criminal Law Solicitor by your side following an arrest for domestic abuse is the most important factor in getting a positive outcome to your case. With the benefit of their experience and knowledge of the legal system and police procedures, you can trust that your best interests will be protected and you will receive the legal advice and representation you need.
If you have any questions regarding this article, please call 0300 3732424. If you have been arrested and require police station representation, please get in touch through our emergency number 0300 373399.
