The latest Crime Survey for England and Wales (CSEW) estimated that 2.4 million adults – 6.9% of women and 3% of men aged 16 and over – experienced domestic abuse in the year ending March 2022. Approximately 1 in 5 adults aged 16 years and over (10.4 million) have experienced domestic abuse since the age of 16 years. This figure has remained essentially unchanged from the year ending March 2020 and unaffected by the coronavirus (COVID-19) pandemic.
Our criminal defence solicitors can provide expert advice on the law and your rights and guidance through the criminal justice system. Contact us at 0161 344 2244 or use our 24-hour emergency line at 07971 163241. Alternatively, you can request a callback from a member of our team.
What counts as domestic violence or domestic abuse?
Domestic abuse affects individuals of all social and economic backgrounds, regardless of gender, religion, sexual orientation, or ethnicity. At its core, it is an incident or pattern involving controlling, coercive, threatening, degrading and violent behaviour. This can include sexual violence and other types of abuse, such as coercive control, gaslighting and emotional abuse, and financial or economic abuse.
It is not limited to sexual or physical harm; the perpetrator may use non-physical means to exert power over the victim. Victims can be scared into submission through threats or intimidation tactics, making it difficult for them to seek help or even recognise the problem in the first place.
What is the sentencing for domestic violence?
In England and Wales, domestic violence is treated as a serious crime. Sentencing for offenders can vary depending on the severity of the offence.
The Courts will often follow the sentencing guidelines for the offence you have been charged with and consider an aggravating factor as its domestic related. In addition, may consider the following orders.
Restraining orders
A court may impose a restraining order on an offender, preventing them from contacting or going near their victim. A restraining orders can also be extended indefinitely, but if made permanent, they usually last between six to 12 months.
Occupation Orders
An occupation order is a court ruling that governs who can reside in or enter a property owned jointly or solely by an individual. This type of order is usually issued in serious cases and may be requested on short notice; however, ordinarily, due to its significance, the other party must be provided with an adequate warning - except under extraordinary circumstances.
An occupation order can last up to six months, yet in rare situations, the period of time might be extended or renewed.
Non-Molestation Orders
A non-molestation order is an agreement that forbids the defendant from making stern threats or going near their victim in any way. This ruling can be issued at short notice if necessary, though ordinarily, the other party must be given a warning.
Non-molestation orders are generally granted for a period of between six and 12 months. Breaching a non-molestation order is an offence punishable by up to five years in prison. This type of order can be sought from spouses, ex-spouses, civil or ex-civil partners, family members, intimate partners or co-parents.
What counts as evidence in domestic violence cases?
In domestic violence and abuse cases, evidence that could be used to prove the offence includes:
- Witness testimonies from family or friends
- Medical reports confirming physical injuries
- CCTV footage of the incident
- Text messages describing threats or intimidation tactics
What are your rights if you are arrested for domestic abuse?
If you have been arrested on suspicion of committing domestic violence or abuse, it is important to understand your rights. You should always contact a criminal defence solicitor as soon as possible to ensure you receive the best legal advice.
