Please note that Internet Explorer is no longer a supported browser so we cannot guarantee the integrity of our website when using it. Please use an alternate browser like Edge or Chrome.
Access ASSIST Online Injunction Database
Click here to leave training feedback
-or-
Make a Referral Using the Form Below:
There is no criminal offence of domestic abuse, as such, but many of the harms caused by domestic abuse are criminal acts, and you do not have to be physically hurt for this to be the case.
Offenders who cause physical harm can be charged with common assault; Actual Bodily Harm (ABH); Grievous Bodily Harm (GBH); sexual assault, rape and false imprisonment. Offenders who do not physically harm you are still committing criminal offences and can be charged with coercive control; making a threat to kill; criminal damage; theft; fraud; harassment and stalking. These are just some of the offences that abusers can be charged with.
Forced marriage (FM) and honour-based abuse (HBA) are also criminal acts, as is female genital mutilation (FGM).
People of all ages and genders have the right to be protected under criminal law if they experience these behaviours, and the perpetrator is at risk of being charged through the legal system.
If police are called to an incident of domestic abuse, their priority is to protect everyone present from injury or further harm, with a focus on the safety and well-being of the complainant and any children.
Officers can use their powers to arrest the perpetrator if they feel it is justified. They do not need permission from the injured party. Warrants are not required when officers suspect someone has or is about to commit an arrestable offence.
An alleged abuser can be held for up to 24 hours, or 36 hours at weekends, before police need to charge them.
The police also have powers to serve a Domestic Violence Protection Notice (DVPN) on someone who presents an ongoing risk of violence. Initially lasting for 48 hours, the order can be extended up to 28 days by magistrates granting a Domestic Violence Protection Order (DVPO). The measures require the abusive partner to leave the premises and not contact the victim. These measures are due to be replaced by the Domestic Abuse Protection Order (DAPO) when it comes into force.
After the initial incident, police will gather evidence, such as photos of damage or injuries and statements from any witnesses, to build up a prosecution case without having to rely solely on what a victim is saying.
If there are children involved, police will consider their safety. In some cases a referral to other services may be necessary. A notification of the incident may also be routinely sent to children’s social services, education and health, so that children can be supported if necessary. The involvement of services can create anxiety for parents, but the focus is on keeping children safe and working with families to resolve problems.
The police are obliged to follow set Crown Prosecution Service (CPS) guidance before charging someone with any offence. With serious cases, the decision to charge has to be referred to the CPS, and they have to decide if the evidence is strong enough to justify proceeding. The severity of the charge determines whether the case is heard in a magistrates’ court or crown court.
For its part, the CPS says it is committed to taking all practicable steps to help victims of domestic abuse through the difficult experience of becoming involved in the criminal justice system.
The CPS has developed what it describes as a proactive approach which includes looking at how strong cases can be presented at court without a victim having to attend, such as use of technology like police body-worn video footage and recordings of 999 calls.
There may be other assistance available for victims at court such as separate entrances and waiting areas or giving evidence behind a screen. The abuser is no longer able to cross-examine a victim even if they are representing themselves at court.
The Sentencing Council makes it clear in their guidance that domestic abuse offences are regarded as particularly serious within the criminal justice system.
The advisory body states: “The domestic context of the offending behaviour makes the offending more serious because it represents a violation of the trust and security that normally exists between people in an intimate or family relationship. Additionally, there may be a continuing threat to the victim’s safety, and in the worst cases a threat to their life or the lives of others around them.”
When deciding the sentence on the accused, the council says magistrates and judges should consider these aggravating factors:
While a general principle of sentencing is that a court will take account of an offender’s positive good character, the council makes it clear: “In respect of offences committed within a domestic context, an offender’s good character in relation to conduct outside these offences should generally be of no relevance where there is a proven pattern of behaviour.”
While a major purpose of criminal law is to punish an offender, the civil law can also be used to protect victims of domestic abuse. To help someone stay safe from further abuse or harassment, there are three orders a civil Court can impose:
NCDV exists to help people obtain civil protection orders from the Court.
Make a referral using Refer Direct our award winning referral portal
