Increase of Domestic Abuse Allegations at Christmas
Domestic abuse is one of the most commonly reported crimes to the police and there is a surge every year of complaints around Christmas time. Christmas is a time which for many is full of joy and happiness, but for others it can be a period fraught with stress, conflict and vulnerability. The heightened emotions around the holiday season can lead to rash decisions being made by spouses and partners which result in reports to the police of offences amounting to domestic violence.
Domestic violence is a term used which can encompass a wide range of criminal offences including; sexual offences, assault and controlling or coercive behaviour which can be mental, physical, emotional and financial abuse. Our team specialise in defending these very allegations. Our all female legal team represent men and women accused of domestic violence and sexual abuse throughout England and Wales. Most often we represent men, but when working with them to defend their case often identify that in fact the accuser is the abuser, and reports to the police are a form of keeping that control and inflicting abuse. Despite the small recognition given to men who suffer domestic abuse, the offence is still very much subject to gender bias.
What Causes the Increase in Domestic Violence Allegations over the Holiday Season?
All relationships are unique, and our cases vary but a common theme is present throughout allegations which are made around and as a result of the Christmas period.
Financial Strain
The financial pressures of gift giving, holiday meals and travel can create significant stress for families, particularly for those already struggling to make ends meet. This strain can sometimes escalate tensions, leading to arguments and violent outbursts.
Increased Alcohol Consumption
Festivities can often involve high alcohol intake, which can impair judgements, lower inhibitions, and exacerbate underlying tensions in relationships.
Heightened Emotional Stress
The holidays can amplify feelings of loneliness, unresolved family conflict or the weight of societal expectation, leading to frustration and anger.
Spending More Time Together
Families spending prolonged periods together in confined spaces, often with unrealistic expectations of harmony, can lead to conflicts escalating into violence.
The Consequences of Domestic Violence Allegations
The consequences of domestic violence allegations are devastating and range from the stigma that is attached to the accused regardless of the outcome, the criminal record of arrest, loss of employment, no access to children, loss of their home and in some instances the loss of liberty.
Domestic Abuse Protection Notices (DAPN's)
A DAPN can be issued as an emergency measure by the police which immediately prevents the accused from going near the complainant, their home and people who may be closely connected to them. This is a short term measure and the police should apply for a Domestic Abuse Protection Order as soon as possible to make the restrictions on the accused more formal and legally robust.
Domestic Abuse Protection Order (DAPO's)
Usually within 48 hours of the police issuing an DAPN the court will hear an application made by the police for a DAPN.
A DAPO can be made by the court to protect complainants from all forms of domestic abuse, including non-physical abuse and controlling or coercive behaviour. A DAPO may be made by a court during ongoing criminal, family, or civil proceedings.
Applications can also be made by the police, by the complainant themselves or by someone who is not directly involved, known as a ‘third party’. A third party could include a family member, a friend, or a social worker.
DAPOs are protective orders and can be used to impose restrictions and conditions on the person accused
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- A prohibition is a rule that prevents someone from doing something. For example, this could include stopping the accused from coming within a specified distance of a complainant’s home and/or any specified premises, such as a workplace.
- A DAPO will always include mandatory notification requirements. This means that the accused subject to a DAPO must tell the police their name and address and tell the police of any changes to these. The accused subject to a DAPO is required to first tell the police their name and address within 3 days of a DAPO being made, and after that, within 3 days of any changes to these.
- The court may decide to impose electronic monitoring (known as ‘tagging’) on the accused to monitor whether they are following certain rules of the DAPO, for example those that stop them from coming within a specified distance of the complainant's home.
- The court may also decide to impose a positive requirement that calls for the accused to take positive action, such as attending a behaviour change programme.
There is no requirement for a conviction for the police and court to issue a DAPN or DAPO and therefore, it can seem a harsh and unfair course of action to take where a person is innocent.
Family Court Proceedings
It is not unusual for their to be domestic allegations made where family proceeding are underway, it can sometimes be clear that allegations are made to the police to bolster application to the family court. Domestic abuse allegations made to the police can assist with funding applications for family court proceedings, strengthen applications for Non Molestation Orders, Residency Orders, and Child Arrangement Order. Our team help our clients to establish and prove the motive of the complainant when such circumstances are present.
We work alongside some fantastic legal firms who offer family law advice and representation. We can put you in touch with likeminded legal professionals who will aim to ensure your family rights and entitlements are protected. Family and criminal lawyers working closely together is essential, to ensure a streamlined and consistent approach is taken to all proceedings.
Criminal Investigation and Court Proceedings
The police investigation of domestic abuse allegations can be lengthy, each case will prompt the police to carry out various lines of enquiry and they vary depending on the circumstances. They can include forensic examinations both electronic and medical, obtaining third party records and statements, obtaining witness statements and any recordings or footage.
We always advise our clients that they are also entitled to raise lines of enquiry for their defence. We often invite the police to consider particular avenues for our client or we undertake the investigative work ourselves. Pro active pre-charge work to build the defence of the accused is often a very sensible and successful route to take in such cases.
If the accused is charge with an offence then court proceedings would commence. Many people are charged with offences who are not convicted, therefore this should never deter a person from robustly working to defend their position. Although you may feel defeated at the very thought of being charged, our team do not give up the fight for our clients. We have access to some of the country's leading barristers and forensic experts, bringing out clients a strong defence team.
What Can You Do Next and How Can We Help
If you are reading this blog, you are probably concerned about the behaviour of your spouse or partner, or you have been falsely accused of domestic abuse. It is important that you obtain legal advice, our team specialise in both domestic and sexual abuse this is because often they come hand in hand. We can help you to navigate what often is a lonely path to ensure that you obtain the right outcome at the end, putting together a pro active plan to ensure you are not subjected to the consequences of domestic abuse allegations.
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