Domestic Abuse

Domestic Abuse Defence Solicitor Birmingham

Domestic abuse allegations are taken seriously by the police and Crown Prosecution Service and are actively prosecuted even where the complainant does not wish to proceed. David Roy provides criminal defence representation for individuals facing domestic abuse charges in Birmingham and the West Midlands.

Offences David defends

Assault, battery, ABH and GBH in a domestic context, controlling or coercive behaviour under section 76 of the Serious Crime Act 2015, stalking and harassment under the Protection from Harassment Act 1997, and breaches of non-molestation orders.

Controlling or coercive behaviour

Section 76 of the Serious Crime Act 2015 created a specific offence of controlling or coercive behaviour in an intimate or family relationship. This offence carries a maximum sentence of five years imprisonment. It is behaviour-based rather than incident-based, meaning that a pattern of conduct over time may be relied on as evidence.

Prosecution without the complainant’s consent

Police and prosecutors may proceed with a domestic abuse case even where the complainant withdraws their complaint or does not wish to give evidence. David advises on the full range of options and defences available in these circumstances.

Frequently asked questions

Common questions

Can the police charge me even if my partner does not want to press charges?
Yes. The police and Crown Prosecution Service can proceed with a domestic abuse prosecution without the complainant’s cooperation if there is sufficient other evidence. This is a deliberate policy in domestic abuse cases.
What is controlling or coercive behaviour?
Controlling or coercive behaviour is a criminal offence under the Serious Crime Act 2015. It involves a pattern of behaviour that makes a person dependent on or subordinate to the perpetrator, isolates them from others, or restricts their freedom. It carries a maximum sentence of five years.
What should I do if I have been arrested for a domestic offence?
Do not make any statement or answer any questions until you have spoken to a solicitor. Free legal advice is available at the police station. The advice you receive before any interview is critically important.
Will I be bailed with conditions if charged with a domestic offence?
Bail conditions in domestic abuse cases commonly include a non-contact condition and an exclusion from the family home. David can make representations about bail conditions at the earliest opportunity.

Facing a charge in Birmingham? Call David Roy.

Free police station advice available. Call 07525 802931 for a confidential, no-obligation discussion.

Call 07525 802931