Being arrested for a domestic abuse allegation often comes at a time of high emotion and confusion. Cases involving allegations of violent offences, particularly within a domestic context, are often dealt with quickly and can escalate before you have had an opportunity to properly respond. You may have had no idea the police had been called, only to find yourself in the back of a police car. In other cases, officers may attend hours or even days later and ask you to attend a voluntary interview, or arrest you at your home. In either situation, what happens next – and how you handle it – can have a significant impact on whether you are charged, and how the case develops.
Decisions made at an early stage, particularly around police interview and bail, can shape the direction of the investigation. Taking advice at this stage can make a real difference to how your case is handled. This guide explains what typically happens after arrest, and what you should be thinking about at each stage.
What is domestic abuse?
Domestic abuse is wider than many people realise. It does not apply only to husbands, wives, partners, or former partners. Allegations can also arise between family members, including parents and children, siblings, or other relatives living in the same household or connected through family relationships.
Under the Domestic Abuse Act 2021, domestic abuse can include a range of behaviour, such as physical violence, threatening behaviour, controlling or coercive behaviour, sexual abuse, emotional or psychological abuse, and economic abuse.
In practice, this means that an argument or incident within a family setting may be investigated as domestic abuse even where no intimate relationship exists.
The label also carries significance beyond the initial arrest. Allegations said to have taken place in a domestic context are generally treated seriously by police and prosecutors, and where a person is convicted, the domestic nature of an offence can be treated as an aggravating feature when sentence is considered.
How do police officers investigate incidents of domestic abuse?
Domestic abuse allegations are often investigated proactively. Police will usually seek to gather evidence beyond the account of the complainant and may continue an investigation even if support for the allegation is later withdrawn.
That can include reviewing messages, call data, social media material, photographs, body-worn video, CCTV, medical evidence, and statements from neighbours, family members, or other witnesses. Officers may also examine what is said to have happened before, during, and after the alleged incident.
Because of this approach, it is a mistake to assume that a case will automatically end if a complainant changes their position or no longer wishes to proceed.
Charging decisions in more serious cases are usually made by the Crown Prosecution Service. Less serious matters may be dealt with by the police, depending on the allegation and available evidence.
Will I be released on bail following a domestic abuse-related offence?
Under what is known as ‘Kay’s Law’, police must consider the views of a complainant before releasing a person arrested following a domestic abuse incident on bail.
In addition, if further investigation is required following arrest, the police are now encouraged to use pre-charge bail where necessary and proportionate. Conditions may be attached to pre-charge bail. Custody officers can authorise that a pre-charge bail period lasts for three months. To extend bail to six or nine months, approval from a police inspector or a superintendent respectively must be obtained. Anything beyond nine months will require court approval.
The encouragement to use pre-charge bail instead of releasing a person under investigation means it is essential to have an experienced criminal law solicitor present at the police station to advise and represent you. They can examine the information the police are using to justify pre-charge bail and challenge their decision to impose it or apply to have any conditions varied.
What can I be charged with following a domestic abuse incident?
Domestic abuse allegations can lead to a range of charges depending on what is said to have happened and the evidence available. Common examples include assault, battery, criminal damage, harassment, controlling or coercive behaviour, and alleged breaches of bail conditions or protective orders.
In some cases, allegations may involve more serious offences where significant injury is said to have been caused, threats are alleged, or there is a history relied upon by the prosecution.
The consequences can be serious. Depending on the allegation and outcome, a person may face imprisonment, a restraining order, restrictions affecting contact with family members, and longer-term impact on employment and reputation.
For that reason, it is important to obtain legal advice at an early stage so that decisions made during interview, bail, and the investigation itself are approached properly.
How we can help
Our criminal defence solicitors regularly advise individuals who have been arrested or are under investigation following domestic abuse allegations.
Early legal advice can make a significant difference. We can advise on police interview strategy, attend the police station to represent you, challenge unnecessary bail conditions, and provide ongoing support while the investigation continues.
In some cases, we can also make pre-charge representations to the police or Crown Prosecution Service, identify weaknesses in the evidence, and seek to prevent a case progressing to charge.
If proceedings are brought, we can continue to represent you through the Magistrates’ Court or Crown Court and build the strongest available defence on your behalf.
Please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected].