Domestic Assault

Are you looking for the best criminal defence solicitor to defend you or someone close to you on a charge of domestic assault or some other domestic offence? 

At Adams Whyte, Solicitors, we have vast experience of fighting for the best possible results for persons facing a charge of domestic assault or some other domestic abuse offence, such as a domestic breach of the peace. As experts in the field, you can count on us to guide you on the questions you really need answered, such as:

What is a domestic offence?

In terms of the approach adopted by the criminal justice authorities, a domestic offence is any form of physical, sexual or mental and emotional abuse which might amount to criminal conduct and which takes place within the context of a relationship between partners (married, cohabiting, civil partnership or otherwise) or ex-partners.

To be classed as ‘domestic’, must it be alleged that a particular offence took place at home?

No, it doesn’t matter if the abuse is alleged to have taken place at home or elsewhere: an allegation will be treated as a ‘domestic abuse’ case provided the abuse is alleged to have taken place between partners or ex-partners.

What sort of approach do police and prosecutors take to domestic abuse allegations?

Police and prosecutors tend to operate a ‘no tolerance’ policy in relation to allegations of domestic violence and abuse, which generally means that if an alleged domestic offence is supported by two or more pieces of evidence, police and prosecutors will always charge and prosecute the person accused of a domestic offence.

What approach do the authorities take to bail in domestic abuse charges?

It is not uncommon for the police or court to impose special bail conditions requiring the accused to reside at an alternative address and preventing the accused from approaching the home or contacting the alleged victim or particular witnesses. Further, if the accused has a history of criminal convictions for domestic abuse, the court may consider remanding an accused person in custody until the case has been concluded. 

What if my partner or ex-partner doesn’t want bail conditions preventing me from having contact?

If your partner or ex-partner would prefer to have contact with you, we can apply to the court to ask the court to considering cancelling the bail conditions which prevent contact, though the final decision is one for the court, not for the alleged victim.

What if my partner or ex-partner has withdrawn his or her statement or wants to change his or her statement?

If your partner or ex-partner has withdrawn his or her statement or wants to change his or her statement, then provided this is not due to threats or pressure from anyone, it may be appropriate for your solicitor to discuss your case with the Procurator Fiscal and invite the prosecution to reduce or abandon the charge or charges against you, though the final decision on whether or not to continue with the charge(s) will always rest with the prosecutor, not your partner or ex-partner.

So, how can Adams Whyte, Solicitors help?

Well, based upon the approach of the criminal justice authorities explained above, we understand that it’s not uncommon for a person to find themselves facing a domestic abuse charge even for a relatively minor argument or disturbance if that is alleged to have happened in the context of a domestic relationship. Nor is it uncommon for the police and courts to require such persons to find themselves an alternative bail address and to avoid any contact with their partner or ex-partner.

Adams Whyte, Solicitors can make the difference for you by:

• Endeavouring to secure your release from custody at the earliest possible time and on the least restrictive bail conditions;
• Assisting you in preserving any evidence which will help your defence, for example, by taking photographs of any injuries caused by your partner or by retrieving helpful texts or voicemails received from your partner;
• Asking the court to consider removing or relaxing bail conditions if there has been a material change which in circumstances;
• Setting out why the prosecutor should reduce or abandon the charge(s) against you if new or different information has been received about the statement or evidence of your partner.
• If the prosecutor decides to continue with the charge(s) against you, Adams Whyte will remain committed to securing the best possible outcome for you by listening carefully, thinking smartly and defending you vigorously.

At Adams Whyte, Solicitors, we know our law and we work to win.

So, to speak with us in complete confidence for expert guidance on securing the best possible outcome in a domestic abuse case, get in touch now.