What is Domestic Abuse and Honour-Based Violence?
Domestic abuse and honour-based violence are not single criminal offences by themselves. Instead, these terms are used to describe a range of harmful and abusive behaviours that can include several crimes. These behaviours often take place within families, intimate relationships, or close-knit communities, and in the case of honour-based violence, this is usually alleged to be carried out because someone believes their family or community’s “honour” or reputation has been damaged.
Both domestic abuse and honour-based violence can involve serious offences such as physical violence, threats, controlling or coercive behaviour, stalking, harassment, sexual assault, forced marriage, and emotional or financial abuse. Even though the umbrella terms are not specific crimes, the behaviours involved are illegal.
What Counts as Domestic Abuse in UK Law?
Domestic abuse charges in the UK can involve a variety of criminal offences, what makes the offence a form of domestic abuse is where it takes between individuals who are personally connected and aged 16 or over. Behaviour is abusive if it consists of:
(a)physical or sexual abuse.
(b)violent or threatening behaviour.
(c)controlling or coercive behaviour.
(d)economic abuse/financial abuse.
(e)psychological, emotional or other abuse.
It does not matter if the conduct is one single incident or a course of conduct.
What is Honour-Based Violence (HBV) and How it Differs from Domestic Abuse
What differentiates HBV from domestic abuse is the reason for the abuse. Domestic abuse is often alleged against one person, and the allegations lead to that person wanting to exercise power and control over the complainant.
Honour Based Violence is alleged where the accused (or group of accused) person/s believes that the complainant has brought shame or dishonour on the family or community. The abuse is seen to restore the honour and is most commonly involves people acting together such as families, extended relatives or the wider community.
Both domestic abuse and HBV are serious allegations and getting specialist legal advice when defending any allegations which arise is crucial, whether the allegation relates to sexual abuse, forced marriage, financial harm, or control over the freedom of the complainant. Our team of domestic abuse defence lawyers will implement a clear strategy and meticulously examine the allegations against you.
Consequences of Domestic Abuse or HBV Allegations
If you are accused of domestic abuse, the first time you are likely to become aware of the allegations is through being arrested and interviewed by the police. It is important at this stage that you exercise your right to legal advice and assistance at the police station.
Police Bail after Interview
Following interview, the police have various options; depending on the seriousness of the allegations the police can obtain an emergency charging decision from the Crown Prosecution Service and if approved, remand you into custody to appear before the court at the next available hearing. The most common outcome following a police interview is for the accused to be released on police bail for an initial period of 3 months. Whilst you are on bail, the police will continue their investigation of the alleged offences.
Police Investigation for Domestic Abuse
Whilst the police are investigating the case, you may be feeling incredibly worried and anxious about what will happen when you answer to bail. There is no need to be left feeling this way, our team of domestic abuse lawyers undertake pre-charge representation, this can be a very pro-active step to consider when accused of domestic abuse.
Charged with Domestic Abuse Offences
Following the investigation, you may be charged with an offence or offences which encompass a patter of domestic abuse or honour-based violence, this means your case has been assessed by the Crown Prosecution Service and they believe that there is enough evidence to prosecute you. It is crucial that your defence team implement a clear defence strategy to domestic abuse allegations and put into action steps to undermine and discredit the evidence presented.
How Criminal Defence Lawyers Defend Allegations of Domestic Abuse
Getting legal advice and representation as soon as possible can make a crucial difference to the outcome of your case. At Eventum Legal we put into place a clear and robust defence strategy to domestic abuse allegations which at the pre-charge representation stage includes:
- Advice and Representation at Police Interviews
- Review and Consideration of defence evidence
- Consideration of available disclosure of the allegations
- Liaising the CPS and police
- Legal advice to you
- Pre Charge Representations – Written response to the allegations, setting out your defence and undermining the allegations, providing supporting evidence where possible.
All cases are different, and domestic and honour-based violence cases are extremely sensitive. The steps we take at all stages of your case would be discussed with you first and only undertaken where it is in your best interests to do so.
If you are charged, our team take a no stone unturned approach to your defence, carefully guiding you and supporting you through a difficult process. We work with some of the country’s leading barristers and experts, as a team we scrutinise the prosecution case, and work to protect you against conviction, reputational damage, and exclusion from society, family home and in some cases your children’s lives.
Common Defences in Domestic Abuse and Honour Based Violence Cases
- Self defence
- False or exaggerated allegations – seen frequently in cases where there may be ongoing family proceedings such as divorce, financial proceedings and child arrangement disputes.
- Insufficient evidence/inconsistencies
- Alibi
- Mistaken identity – this is particularly common in HBV group-related allegations)
- Duress – again most applicable in HBV allegations
Our specialist domestic abuse team will spend time with you to discuss the circumstances of your case to ensure we identify any applicable defence to the abuse allegations.
How Early Legal Advice Protects Your Case
The importance of engaging a specialist lawyer in domestic abuse cases ensures you are protected, and your legal position is advanced in your favour leaving no room for adverse inferences to be drawn at any stage, or self-incrimination.
What You Can Expect from Eventum Legal
Our team provide non-judgemental, clear and honest legal advice. When assessing your case, we carry out a risk management approach initially to ensure your bail, any contact arrangements and orders that may be in place are adhered to and importantly are fair and lawful.
If required, we work with interpreters and cultural experts in cases which concern Honour Based Violence, ensuring fairness where there may be the indication of cultural misunderstandings between a complainant and the accused.
We are passionate about ensuring a fair and balanced approach is taken to all investigations and prosecutions, making it our priority that those who are not guilty are found not guilty.
FAQs in Domestic Abuse Cases
Do I need a solicitor if I am accused of domestic abuse?
Yes, we strongly advice you seek immediate legal advice and representation as soon as you become aware that you are under investigation for offences arising from domestic or honour-based abuse.
Can I contact the Complainant and try to sort this out?
No, you must not contact the complainant. If you do this could be a breach of bail conditions, or it could be viewed as a further attempt by you to exercise control over the complainant. It could lead to an arrest and remand into custody.
What happens if I am charged with domestic abuse?
If you are charged with an offence, you will be given a date and time to attend the Magistrates Court. You can find out more about attending the Magistrates Court by clicking here.
Can I instruct a private investigator to follow my ex?
No, we do not advise instructing a private investigator in cases where any form of abuse is alleged. The impact this could have on your defence is huge, with the prosecution or police alleging that you are continuing your control via a third party and bringing fear to the complainant.
How do I instruct Eventum Legal?
You can contact our team for a free, no obligation discussion about your case, this will allow you to confirm that we are the correct lawyers for you and a your case. During our call we will obtain an initial understanding of your circumstances and the allegations, from this we can provide information about our team and how we can commit to assisting you.