Domestic abuse is one of the most common criminal charges in Scotland and one which Police Scotland, the Procurator Fiscal Service and the Crown Office take very seriously. If you have been accused of domestic abuse Lawyers, we understand the devastating impact this may have on your personal and professional life. The consequences of a domestic abuse allegation can be far-reaching, so it is essential to take the right steps to protect yourself.
In this article, we look at what is considered domestic abuse as well as what happens after you have been reported for domestic abuse. For immediate advice from our experienced Criminal Defence Solicitors, call us now on 01418896458 or complete our online contact form and we will get back to you without delay. We look forward to hearing from you.
What constitutes domestic abuse?
The law around domestic abuse changed in Scotland on 1 April 2019, with behaviours that could amount to domestic abuse no longer restricted to physical violence but extended to recognise emotional and psychological abuse e.g., controlling or coercive behaviour.
Controlling and coercive behaviour
Controlling or coercive behaviour refers to actions such as restricting your partner’s access to their friends or family, controlling how they spend money or strictly monitoring where they go. Being aware of the multiple definitions of domestic abuse under the Domestic Abuse (Scotland) Act 2018 can help you understand why this may be happening to you, in addition to what could be relevant to discuss with your solicitor.
Our specialist Domestic Abuse Lawyers can talk you through your case, providing clear and reliable advice at every step. We regularly see clients who have never been involved in any criminal matters now facing domestic abuse charges as a result of disagreements or periods of unhappiness at home. We can help you.
Do not attempt to resolve matters yourself
We understand this may be a stressful time for you and that you will want the matter dealt with as swiftly as possible. Nevertheless, if you have been charged with domestic abuse, it is crucial that you do not attempt to resolve matters yourself with your partner, their family or any other witness. You may feel frustrated and want to bring your difficulties to an end by discussing what happened with the person who made the complaint against you. However, you mustn't act in a way which could jeopardise your case or breach any conditions of bail.
What happens after I’ve been accused of domestic abuse?
If a domestic abuse report is made against you by your partner or any other relevant party, the police will investigate to see if a crime has been committed. They will take a statement from the alleged victim, as well as any potential witnesses. The police may also gather other forms of evidence, which can include photographs, text messages, emails, social media screenshots or anything which could be used to build a case against you.
Being charged with a domestic abuse offence
If the police obtain enough evidence, you may be charged with a domestic abuse offence. You may be held in custody to appear in court or released on bail to attend court at a later date. The police will then send a report to the Procurator Fiscal who will decide whether there is enough evidence to proceed with the case against you.
For those who are released on bail, there may be special conditions put in place to prevent you from seeing your partner, your children, or even entering the family home. We understand that your relationship, children, employment and reputation are on the line, so you must seek advice at the earliest opportunity.
If you have been detained at a police station, ask the police to contact the Robert Kerr Partnership on your behalf.
How we can help
Allegations of domestic abuse can have severe and life-altering consequences, but the sooner you instruct a Domestic Abuse Lawyer, the more opportunities they have to build a strong defence for you. Our Criminal Defence Solicitors can offer assistance and representation at every stage. We can also provide advice if you are being investigated by police, but they are yet to bring charges against you. Further, we can visit you in custody and provide representation at police interviews.
If your case does proceed to a trial, you want a team of legal professionals who have exceptional knowledge and experience with domestic abuse trials. We know how challenging these cases can be, but our expertise alongside our tenacious defence strategy can give you the best opportunity for a positive outcome. Our highly experienced Domestic Abuse Lawyers understand how to build a strong case to defend your reputation and your liberty.
Contact our Domestic Abuse Lawyers in Paisley & Greenock today
Our specialist Criminal Defence Solicitors in Paisley and Greenock are highly experienced in representing those facing challenging allegations of domestic abuse. We understand the complex nature of your circumstances and will do all we can to restore your family life. We regularly assist clients in Glasgow, Greenock, Port Glasgow, Kilmacolm, Gourock, Inverclyde, Renfrewshire, Barrhead, Newton Mearns, East Renfrewshire & every police station and court in Scotland.