Domestic Offences

Our team of lawyers specialise in a comprehensive range of domestic offences, demonstrating expertise in the following areas:

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1. Coercive and controlling behaviour

2. Stalking and cyber-stalking

3. Harassment

4. Malicious communications

5. 'Honour-based' violence and forced marriage

6. Assaults

 

With over 30 years of experience our lawyers bring unparalleled experience in advising and representing clients confronted with various domestic offences, including cases of the utmost severity involving loss of life or serious injury.

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If you find yourself under investigation or facing prosecution for offences such as controlling and coercive behaviour, harassment, stalking, cyber-stalking, or any other domestic offence, seeking expert legal advice at the earliest opportunity is imperative.

 

Salhan Dharna Law possess extensive experience in handling these intricate cases, offering specialised advice and representation to ensure you attain the most favourable outcome possible. Trust in our team's proficiency to navigate the complexities of domestic offenses and safeguard your rights with strategic and effective legal counsel.

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Coercive and Controlling Behaviour:

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The offence of coercive and controlling behaviour is established when an individual consistently engages in actions intended to exercise control or coercion over someone with whom they share a 'personal connection.' Importantly, for the offence to be substantiated, the behaviour must exert a 'serious effect' on the targeted individual, and the offender must have been aware, or reasonably should have been aware, of the substantial impact it would have on the victim. This offence is characterised by a pattern of sustained control or coercion, underscoring the significance of its impact on the victim and the requisite awareness on the part of the perpetrator.

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Personal Connection:

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This offence is applicable only when the involved parties share a 'personal connection.' The definition of 'personally connected' was expanded in April 2023, now encompassing individuals who are or have been married, civil partners, engaged to marry, engaged in a civil partnership, in an intimate relationship, share a parental relationship to the same child, or are relatives.

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Repeated or Continuous Behaviour:

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The conduct in question must be 'repeated or continuous,' implying a pattern or frequent and sustained behaviour rather than an isolated incident. The court considers the overall impact of the behaviour in the context of the parties’ relationship.

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Serious Effect:

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The behaviour must have a significant adverse impact on the affected person, such as deterioration in physical or mental health, changes in daily activities, restrictions on social activities, or implementation of security measures at home.

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Examples of Controlling and Coercive Behaviour:

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Instances of controlling and coercive behavior may include isolating someone from friends and family, depriving them of basic needs, monitoring their time through various means, using digital systems for coercion, controlling everyday life aspects, repeated demeaning, economic abuse, and threats to publish private material.

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Sentencing:

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The offence is an 'either way' offence, allowing prosecution in either the Magistrates’ Court or the Crown Court, depending on the seriousness. In the Magistrates’ Court, the maximum penalty is a custodial sentence not exceeding six months (and/or a fine), while in the Crown Court, it is a custodial sentence not exceeding five years (and/or a fine).

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Harassment:

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The offence of harassment occurs when a person pursues a course of conduct amounting to harassment of someone else, knowing or reasonably should have known that it amounted to harassment (Protection from Harassment Act 1997). More serious versions involve behaviour causing someone to fear violence.

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Stalking and Cyber-stalking:

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Stalking entails unwanted and persistent behaviour causing fear, distress, or harassment. More serious cases involve fear of violence or serious distress. Stalking extends beyond physical proximity and includes activities like following, monitoring, unwanted contact, trespassing, and intrusive online behaviours, known as cyber-stalking. Cyber-stalkers use digital means for monitoring, contact, intimidation, or harassment, including email, social media, and text. Cases may be handled in Magistrates’ or Crown Court, with potential for custodial sentences and restraining orders.