Assault (ABH) & Battery inc Domestic Violence

 

Domestic ViolenceAll assault matters are treated seriously by the court as upon conviction you could receive a prison sentence. You should not face prosecution for an offence of this type without legal representation.

Have you been accused of a domestic assault/violence?

The definition of what counts as “domestic” is far reaching. It also has certain consequences, most significantly:-

• The case will be treated more seriously by the court

• You could be restricted from living at, or attending the family home (by virtue of strict bail conditions)

• You could be restricted from having contact with your partner and/or your children

• The case will be highly likely to proceed despite the wishes of the victim

• A Restraining Order could be imposed even if you are found not guilty of the offence

A Restraining Order is similar to an injunction. It does not have to be restricted in time and can impose a number of restrictions upon you. Any breach of such an order has a guideline starting point of a term of immediate imprisonment, and a maximum sentence of 5 years imprisonment.

There is also now legislation in place for the police to seek a Domestic Violence Prevention Order (DVPO). This is an emergency measure where they believe that there is a risk of such an offence taking place. For example if the police were called to an address by neighbours and they suspect domestic abuse is taking place despite no actual complaint being made by any victim, the police could then chose to apply for an order.

An application can be made to the Magistrates court for a DVPO which can have terms such as excluding the suspected perpetrator from the family address.

If you have been told that the police are seeking to make one of these orders against you, contact Morton’s Solicitors immediately for expert advice and representation.

Have you been invited to attend a police station? Some of the most important decisions made in relation to a case are made at the police station. If Morton’s solicitors are involved at an early stage of an investigation, we are often able to affect the outcome.

You are not obliged to say anything to the police and we advise all clients to maintain their right to silence until they speak with us.

A case can proceed solely on admissions made to the police without the need for witnesses to ever attend court.

You are entitled to have a solicitor present free of charge at any police interview. This is true for what may seem to be the most trivial offences, e.g. a minor assault. You should never be interviewed without legal representation.

Successfully defending an allegation of assault often involves:-

• Expert cross examination of the alleged victim, particularly if self-defence is raised

• Cross examining police officers

• Expert medical reports on causation of injuries

• Preparing defence witness statements

Mortons Solicitors can advise you and provide expert representation.

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