Domestic Violence – Common Types Of Allegations

Allegations which are made in the context of domestic relationships are treated with high priority in the criminal justice system. There is no specific offence of domestic abuse and it can apply to a wide range of criminal offences when they occur in the context of domestic relationships.

The Domestic Abuse Act 2021 defines two persons as personally connected for the purposes of domestic abuse if:

• They were ever married, civil partners or agreed to be either.
• They had even been in an intimate personal relationship with each other.
• They have ever had a parental relationship regarding the same child.
• They are relatives.

Common types of allegations

There are wide variety of offences which may apply but some of the most common are described below.

Assault

There are 3 types of assault:

Common assault: This is the lowest level of assault and may apply where a person intentionally or recklessly causes another person to apprehend immediate unlawful violence. For this version of the offence no touching is required. Common assault is described as ‘by beating’ where there is contact and force is applied. The definition includes a very low level of contact and no evidence of injury is required. The maximum penalty for one offence of either type of common assault is 6 months imprisonment.

Assault occasioning actual bodily harm (ABH): This is committed where a person commits an assault that also causes injury which is calculated to interfere with the health of the victim.
The maximum sentence for one offence ABH is 5 years imprisonment.

Grievous bodily harm: This is committed where a person causes another to suffer serious injury. The maximum penalty is 5 years imprisonment or life imprisonment if the offence is committed with sufficient intent.

In addition separate offences of non-fatal strangulation and suffocation were introduced under the Domestic Abuse Act 2021. This is committed where a person intentionally strangles another person, or does any other act to that person that affects the ability of that person to breathe. The maximum sentence is 5 years imprisonment.

Controlling coercive behaviour

This is an offence where a person repeatedly or continuously engages in behaviour towards a person they are personally connected to that is controlling or coercive. This behaviour must cause a serious effect on the victim and the suspect must know, or ought to have known it would have a serious impact.

A non-exhaustive list of the type of behaviour inflicted on a victim may include:

• Isolating them from their friends, family and wider social network.
• Stopping them from going to work, or a place of study, therefore making them further disconnected from the social support that work or study brings.
• Taking control of their finances, i.e. removing access to their bank account.
• Controlling aspects of their everyday life, i.e. telling them what they can wear, who they can see and where they can go.
• Dehumanising them and making them feel worthless. This may be through abusive language, playing on the victim’s insecurities and/or physical violence.
• Stalking the victim and carrying out surveillance of them.
• Monitoring them via online communication tools or spyware.
• Making threats of physical violence.
• Carrying out physical violence and sexual assault.
• Inflicting reputational damage.

The maximum sentence for this offence is 5 years imprisonment.

Stalking and Harassment

Harassment is defined by section 1, 1A of the Protection from Harassment Act 1997, which sets out the following:

• For the offence there has to be at least two episodes of harassment as opposed to a single incident.
• These two or more episodes of harassment must form a course of conduct. This means they must be connected in some way. For example a court will consider how close the incidents are in time and whether they are part of series of actions aimed at affecting the victim or some other purpose.
• Conduct has a very wide meaning and can include for example words, text messages, emails and phone calls.
• The court will consider whether a reasonable person would view the conduct as harassment and whether the suspect ought to have known.

Section 2(a) of the Protection from Harassment Act 1997 creates a separate offence where a person commits harassment and this amounts to stalking. This is not just where a suspect is accused of following someone in person but also a wide variety of conduct including following a person on social media or repeatedly posting messages about them.

The Protection from Harassment Act 1997 also creates separate versions of these offences:

• causing fear of violence or serious alarm/distress which has a substantial adverse impact on the victim’s usual day-to-day activities (4A), and
• harassment causing fear of violence (section 4).

The maximum sentence for harassment and stalking is 6 months imprisonment. However for the versions involving fear of violence or serious alarm/distress the maximum sentence is 10 years imprisonment.

What will be the outcome of an investigation?

The background and circumstances of such allegation are often complex which may appear to cross over with various offences.

Whether an investigation is ongoing or court proceedings have begun, it is for the CPS in conjunction with the police to decide whether to continue the case. The views of the alleged victim are taken into consideration but they are not final and there is no principle of ‘pressing charges’. Investigations, prosecutions and convictions are common in cases that are not supported by the alleged victim.

Furthermore it does not always follow that if there is sufficient evidence to prosecute that a suspect should be charged. In limited circumstances the police and CPS will consider whether it is in the public interest to prosecute or whether a simple caution, as an alternative, is appropriate.

If the case proceeds to the point of a conviction, following a trial or guilty plea, the courts will not only consider immediate custodial sentences but also a range of other punitive options such as suspended imprisonment or community based penalties. They will also consider ancillary orders, such as restraining orders.

It is essential for anyone accused of domestic allegations to get appropriate advice and support whether or not the allegations are true. Our specialist criminal defence team at HJA is available to advice. Please feel free to telephone us and speak to one of our experts on 0330 822 3451 or request a callback.