Domestic Violence2023-08-21T08:04:26+00:00

Domestic Abuse & Domestic Violence

Domestic Abuse & Domestic Violence

Walsh Solicitors specialise in defending allegations of domestic abuse and violence. Call us on 0161 672 2267 or complete the form below.

Domestic Abuse and Violence Allegations

The specialist team at Walsh Solicitors regularly represent clients facing allegations of domestic abuse and violence.

This sensitive area of the law can leave clients embarrassed about the allegations against them.  Moreover, whilst there may be one or more specific allegations against an individual, the background is often much more complex and there are always two sides to a story.

Our message to clients facing an allegation of domestic abuse is that you do not have to face it alone.

How Can We Help

During the investigation stage of the case, we will liaise with the police in a sensitive manner.

Where an allegation is denied, we will ensure that your case is presented meticulously.  If the matter proceeds to court we will leave no stone unturned in your defence.

Cases of a domestic nature can often involve very limited supporting evidence and result in the account of the complainant versus the account of the defendant.

If an allegation is admitted we will explore the possibility of a caution. We will advise you on the possibility of out-of-court disposals and diversionary tools available.  These can include restorative justice, simple cautions, conditional cautions, and youth cautions for young persons.

In cases involving prosecution, we will look at the availability of restorative justice.


Please see below for our most frequently asked question. If you have any more questions, please feel free to contact us.

What are the laws on domestic abuse or violence?2023-05-03T17:34:11+00:00

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.

What happens when you get a domestic abuse or violence charge?2023-05-03T17:29:50+00:00

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.

Do I need a lawyer for a domestic abuse or violence case?2023-05-03T17:26:52+00:00

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.

What is assault by beating?2023-05-03T17:39:48+00:00

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. 

What is battery?2023-05-03T17:37:42+00:00

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. 

What is common assault?2023-05-03T17:36:35+00:00

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. 

Will I go to prison for domestic abuse or violence?2023-05-03T17:35:43+00:00

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.

Contact Our Criminal Defence Team

If you have a question about criminal defence or would like to speak to a solicitor, please complete the form below or call us on 0161 672 2267

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