Domestic abuse and violence offences are not governed by separate laws. Many standard offences can be considered domestic violence if they have been committed against a partner, former partner or family member. Many domestic assault matters are prosecuted under the Offences Against the Person Act 1861. Offences like criminal damage and breach of a restraining order can also be considered domestic violence if they fulfil the criteria above. If your case is determined to be domestic violence it can be harder to get bail or you may be given more restrictive bail conditions.

Those charged with domestic abuse or violence offences can expect to be given a date to attend their local Magistrates Court. Defendants involved in more serious cases may be held in custody to be taken to court at the earliest opportunity. At the Magistrates’ Court the magistrates will decide whether the matter will be heard at the Crown Court or the Magistrates’ Court, this decision will be based on the seriousness of the offence. Defendants will also be asked to enter a plea at this first hearing. Offences such as common assault and lower-value criminal damage will remain in the Magistrates’ Court unless they are charged alongside more serious offences. Those held in custody by the police will have the opportunity to apply for bail during this first hearing. Cases that remain in the Magistrates’ Court will be adjourned to a later date for either sentence or trial depending on whether guilty or not guilty pleas are entered.

Anyone accused of a domestic violence offence should certainly seek legal advice. Domestic abuse and violence is an area of criminal law that is taken very seriously. It is not uncommon for defendants to be remanded into custody whilst they await trial. A domestic abuse or violence conviction can result in a ruined reputation as well as a criminal record and potentially time in prison.

Assault by beating is also known as battery and is when there has been an ‘actual intended application of force’ on the victim by the defendant but no injuries caused. It is amongst the least serious forms of assault and is often referred to as a section 39 assault. 

Battery is among the least serious assaults and is also known as an assault by beating. It is where there is an ‘actual intended application of force,’ by the defendant on the victim, but no injury caused. A battery is often referred to as section 39 assault and is occasionally confused with common assault where there is no requirement for physical contact between the two parties. 

Common assault is an assault where the victim has been ‘caused to apprehend immediate unlawful violence.’ This means that there is no requirement for the defendant to have touched the victim, merely made them anticipate that they will be subject to violence. The offence can be committed with words alone. 

This depends on the specific circumstances of your case. Less serious domestic assaults such as common assault or battery are far less likely to result in a custodial sentence than s.20 GBH or s.18 GBH. Whether a custodial sentence is passed will also depend on previous convictions and any personal mitigation.