Domestic Abuse Offences

In my nearly 25 years of dedicated practice, I've gained extensive experience representing individuals facing charges related to domestic abuse against their spouses, partners, or other family members. I regularly handle sensitive and complex cases involving common assault, harassment, and stalking.

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It's crucial to understand that, despite what is often sensationalised in the media, the police, Crown Prosecution Service (CPS), and courts treat these allegations with the utmost seriousness.

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If you're facing such an accusation and require robust, expert legal representation, please contact me, Joe Rawlings, for a confidential consultation.

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Understanding Domestic Abuse Allegations & Your Defence Options

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Many domestic abuse cases differ significantly from the dramatic portrayals seen in the media. While family life can be inherently stressful and all relationships navigate challenging periods, allegations often arise from complex situations. Frequently, by the time a case reaches court, the parties involved may have reconciled, and the individual who initially made the allegations may have even withdrawn their complaint or retracted their original statement.

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Nonetheless, I often find that complainants are still compelled by the police to attend court against their wishes. In other instances, the prosecution might attempt to rely on "hearsay evidence," which can negate the need for the complainant to give direct evidence in court. This highlights the complex and often challenging nature of these cases, where early legal intervention is paramount.

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​Pre-Charge Legal Advice for Domestic Abuse Accusations

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Where a client is accused of domestic abuse and the case is still in the investigation stage, I prioritise establishing "pre-charge engagement" with investigators.

 

My goal is to rigorously argue against formal charges being brought, by demonstrating that the "Charging Standard" outlined in the Code for Crown Prosecutors has not been met. This can be achieved by presenting compelling arguments that a conviction is unlikely, or that a prosecution would not serve the public interest.

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Early intervention at this stage can be absolutely crucial to preventing a formal charge, which could otherwise have devastating effects on your life and reputation.

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Domestic Abuse Defence for Professionals in the UK

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Over the years, I've represented numerous clients from professional backgrounds who have never had any prior dealings with the criminal justice system. As such, I profoundly understand the critical importance of preventing a prosecution and its potential impact on a professional's career, reputation, and livelihood.

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My extensive experience in this sensitive area includes successfully representing:

• Doctors

• Teachers

• Lawyers

• FCA-regulated professionals

• High-net-worth individuals

• And many others facing these sensitive allegations

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I am acutely aware of the professional implications and work diligently to protect your future.

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What Constitutes Domestic Abuse in UK Law?​

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The term "domestic abuse" or "domestic violence" does not refer to a single, specific offence under UK law. Instead, it encompasses a range of assault charges and other alleged behaviour that occurs within a domestic setting. These can include:

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• Section 39 Assault (Common Assault): The application of unlawful physical force, or the threat of it, without causing actual injury.

• Battery: The actual application of unlawful physical force.

• Section 47 Assault (Actual Bodily Harm - ABH): An assault occasioning actual bodily harm, where injuries that are "more than transient or trifling" have occurred (e.g., extensive bruising, minor fractures, loss of consciousness).

• Section 20 Grievous Bodily Harm (GBH): Unlawfully and maliciously wounding or inflicting grievous bodily harm. This involves serious injury (e.g., broken bones, significant cuts, psychiatric harm) but does not require an intent to cause that specific level of harm.

• Section 18 Grievous Bodily Harm (GBH) with Intent: This is the most serious non-fatal assault, requiring specific intent to cause grievous bodily harm or to resist arrest. It carries a maximum sentence of life imprisonment.

• Harassment (Protection from Harassment Act 1997): This involves a "course of conduct" (meaning two or more incidents) which causes another person alarm or distress. In a domestic context, this can manifest as repeated unwanted texts, calls, emails, verbal abuse, or other forms of persistent unwanted contact.

• Stalking (Protection from Harassment Act 1997, as amended): A more severe and often obsessive form of harassment, stalking involves a pattern of fixated and obsessive behaviour. This can include repeatedly following, loitering near a person's home or work, monitoring their online activity, or attempting to make unwanted contact, causing the victim to fear violence or suffer serious alarm or distress.

• Controlling or Coercive Behaviour (Serious Crime Act 2015, Section 76): This specific offence criminalises a pattern of behaviour designed to make a person subordinate or dependent, isolating them from support, exploiting their resources, or depriving them of independence. It requires a "course of conduct" where the behaviour has a serious effect on the victim, causing fear of violence or serious alarm or distress that impacts their day-to-day life.

• Non-Fatal Strangulation / Suffocation (Domestic Abuse Act 2021, Section 70): A standalone and highly serious offence. This involves intentionally strangling or suffocating another person. Crucially, no visible physical injury is required for this offence to be committed, acknowledging the often hidden and dangerous nature of such acts.

• Threats to Disclose Private Sexual Photographs and Films (Domestic Abuse Act 2021, Section 69, amending Criminal Justice and Courts Act 2015): This offence, often linked to "revenge porn," specifically criminalises the threat to disclose intimate images or films without consent, with the intention to cause distress. It's a significant form of emotional and psychological abuse, and the images do not even need to exist for the threat to be an offence.

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The domestic nature of the offence is consistently considered an aggravating factor by the courts. This is because the parties involved often live together, and other vulnerable family members, particularly children, may be directly or indirectly affected. Understanding these legal distinctions is key to building a robust defence.

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Navigating the Complexities of Domestic Abuse Charges

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Allegations of domestic abuse are rarely isolated incidents. They can frequently involve a combination of physical, sexual, psychological, emotional, or financial abuse. Furthermore, these allegations can be deeply intertwined with other significant life issues, such as:

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• Separation or divorce proceedings

• Child custody disputes

• Financial disagreements

• Third-party relationships

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I recognise the inherent complexity of cases involving allegations of domestic abuse. I understand that these matters are rarely straightforward, and that the police and prosecutors may initially have only a partial view or one side of the story. My role is to ensure your perspective is fully heard and robustly presented, challenging the prosecution's case and meticulously scrutinising all evidence.

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Seeking Expert Legal Defence for Domestic Abuse Allegations?

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If you or someone you know is facing allegations of domestic abuse, the importance of immediate, specialist legal advice cannot be overstated. With nearly 25 years of dedicated experience, I, Joe Rawlings, am here to provide the robust defence and clear guidance you need during this challenging time.

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Don't face these serious charges alone. Your reputation and future depend on expert intervention.

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Contact Joe Rawlings Directly for a Confidential Consultation Today.