Need a Domestic Violence Solicitor?
Domestic violence allegations can be difficult to deal with. Apart from the fact that you face an allegation there is also the emotional aspect of the case.
Sometimes partners or ex partners make false allegations out of spite, sometimes allegations are made in the heat of the moment and the person making the allegation wishes to retract the allegation. There are also true allegations that go through the courts. Whatever the situation you need to be properly represented at court to get the best possible outcome.
What is Domestic Violence?
The term Domestic violence covers a whole variety of offences ranging from GBH to allegations which involve no violence at all. The Government definition is –
The cross-government definition of domestic violence and abuse is:
Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to:
- psychological
- physical
- sexual
- financial
- emotional
https://www.gov.uk/guidance/domestic-violence-and-abuse.
Why does it matter whether something is defined as Domestic Violence? The key is how the CPS deal with it. If a case is defined as domestic violence the CPS and the courts take a different approach over other non domestic matters. The CPS are unlikely to drop a case of domestic violence, specialist prosecutors are often involved and they are listed in courts on days specifically set aside for domestic violence.
How Can Forrest Williams Help If You Are Charged With Domestic Violence?
Whatever the basis of the allegation domestic violence cases require a different approach.
It is normal that the police impose bail conditions not to contact the complainant or to return to the address. This can cause a great deal of difficulty for all sides, especially if there are children involved.
We see a lot of cases where a wife makes an allegation and then wishes to retract it, either because it wasn’t completely true or because the parties have now reconciled and want to move on without the court case. In cases like this the CPS can still continue and can even apply for a witness summons to make the complainant attend court against her wishes. It is unusual and difficult to get these matters dropped. We always take a proactive approach to these case and we will work with you and liaise with the CPS to try and achieve a quick resolution, either by getting the case dropped or amending bail conditions to allow you to contact you partner again. Whilst we can never guarantee we will be successful at this stage we are confident we will get as good an outcome as possible.
If the case is to continue to court and you deny the matter then we will fully prepare the case and also prepare you for giving evidence. It is not easy giving evidence against a partner, or former partner. Whilst it is important to fully defend you we have to do it in a way that does not alienate the court. It has to be done sensitively but firmly. If your partner is lying then we have to say that, our primary concern is to defend you and get a not guilty verdict.
There are cases where people have committed an offence that comes into the domestic violence category and want to admit it. We make sure that your case is put across sensitively, giving explanations but not excuses and showing the court your remorse and regret. It is important that the court see it in context and also see your character.
We are a nationwide practice and can represent you in any court in England and Wales, we are able to deal with the matter by phone or email or see clients face to face in Nottingham, Birmingham and London.