Our expert criminal defence team are here if you have been charged with domestic abuse, domestic violence, or domestic assault it is vital you seek specialist legal advice immediately. Scullion LAW’s criminal defence solicitors have decades of experience representing clients Sheriff Courts across Scotland.
24/7 response and Sheriff Court Experience
Domestic abuse charges often involve overnight custody, undertakings, and immediate bail conditions. Scullion LAW’s on-call structure and Sheriff Court
Experience & Discretion
Scullion LAW has an established reputation in defending sensitive domestic cases quietly and effectively. The partners are used to dealing with clients who can’t afford publicity or professional fallout.
Cross-department Expertise
Scullion LAW also has Family and Private Client teams, which becomes crucial if there are child contact issues or if the case affects housing or wills. A one-firm strategy is more controlled and consistent allowing our tailored expertise to work towards the best outcome for you.
We know that domestic allegations often stem from wider family disputes, divorces, separation, contact, and access issues with children, and complainers can often manufacture and embellish events to gain more ‘leverage’ in settlements. This makes it a highly emotive and specialised area of law. The Domestic Abuse (Scotland) Act 2018 contains the law in this area and denotes that domestic abuse isn’t just physical. It can happen in many ways. The Domestic Abuse (Scotland) Act 2018 came into force on April 1, 2019, and the definition of “abuse” now includes violent, physical, sexual, psychological, and financial abuse. The offence can carry a maximum of 14 years on indictment.
The law is wider than most people realise. Since the introduction of the Domestic Abuse (Scotland) Act 2018, the definition of abuse goes far beyond physical violence. Behaviour such as persistent criticism, controlling finances, monitoring social media, isolating someone from family, or psychological intimidation can all form the basis of a criminal charge. This means that people are now being prosecuted in circumstances that, a decade ago, might not have been considered “criminal.”
Contact us nowPolice Scotland’s zero-tolerance approach
Police officers are trained to take immediate action whenever domestic abuse is alleged. In practice, this means that if a complaint is made, you are highly likely to be arrested and charged — even where the evidence appears weak or one person later wishes to retract the allegation. The decision lies with the police and prosecutors, not the complainer, so it is not unusual for cases to proceed against the wishes of both parties.
Bail conditions can disrupt your life immediately
Following arrest, you may be released on bail with strict conditions attached. These often include being prohibited from returning to your home address, having no contact (direct or indirect) with the complainer, and staying away from children. This can leave clients suddenly cut off from their family, possessions, and daily routines — sometimes for months — while the case makes its way through the court.
Fast-tracked prosecution
Domestic abuse cases are treated as a priority within the Scottish courts. The Crown often seeks to have them heard quickly, meaning you can find yourself in court within days of an allegation. This creates enormous pressure and very little time to prepare a defence unless you instruct an experienced solicitor at once. Acting early is the best way to ensure vital evidence is preserved and your side of the story is properly heard.
Domestic Abuse Charges are Among the Most Serious You Can Face; You Should Engage a Solicitor at the Earliest Opportunity.
Challenge the evidence
The prosecution must prove its case beyond reasonable doubt — and in Scotland, most allegations require corroboration (two independent sources of evidence). We carefully analyse police statements, CCTV, 999 calls, medical reports and digital evidence to expose inconsistencies. If the Crown’s case doesn’t meet the high burden of proof, we push for a full acquittal.
Keep your own record
Claims can leave you scrambling to prove your side of the story. Write down what you remember; dates, conversations, messages, anything relevant. Save texts, emails, social media messages.
Protect your rights
From the moment you are arrested, strict legal procedures must be followed. If the police fail to properly caution you, deny you access to a solicitor, or overstep in interviews, we act quickly to challenge the admissibility of any evidence obtained unfairly. Your rights matter — and we ensure they are upheld in every step of the process.
If you are concerned, seek legal advice now
Criminal Law EnquiryThe questions we most frequently get asked.
It can include:
• being threatened
• name calling
• controlling what you do, where you go and who you speak to
• threatening your children
• not being allowed to see your friends and family
• accusing you of cheating
• threatening to out your sexual orientation
• sharing – or threatening to share – intimate images of you with family, friends or work colleagues
• being hit, kicked, punched, or have objects thrown at you
• rape, being forced into sexual acts.
Many people are charged under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 which charges “Threatening or abusive behaviour”.
Section 38 states: –
Police Scotland and the Crown Office and Procurator Fiscal Service (“COPFS”) have a dedicated domestic abuse unit that has been tackling domestic abuse crimes and violence for decades. The resources of the state operate in a manner that favours the person reporting an offence first but often these tools can be manipulated by dishonest complainers. Contact Scullion LAW now if you have been accused of domestic abuse.
Our expert criminal defence team are on hand to provide guidance and advice
Contact us now