Accused of Domestic Abuse in Scotland? Act Fast — Protect Your Future Today

Domestic abuse can happen in many ways and includes violent, physical, sexual, psychological, and financial abuse. Our team can help if you have been charged with a criminal offence or subjected to false allegations and have been successful in exposing fabricated lies either before reaching trial or during the trial itself resulting in acquittals. it is vital you seek specialist legal advice immediately. Scullion LAW’s criminal defence solicitors represent clients daily in Sheriff Courts across Scotland.

Members of Scullion LAW's Criminal Defence Team, ready to provide expert legal representation Kris Buchanan - Scotland’s Leading Road Traffic Defence Solicitor at Scullion LAW Scullion LAW Hamilton office exterior at 105 Cadzow Street, South Lanarkshire – expert solicitors in family law, criminal defence, and property law.

Why you need Expert Defence for Domestic Abuse Charges ASAP  

Arrested on the Spot

Police Scotland’s zero-tolerance policy means you can be charged immediately, even if the evidence is disputed.

 

Accused of an Allegation

We can help during what will be a difficult time when you may be excluded from your family home and having contact with your family due to bail conditions.

 

 

Fast-tracked to Court

Domestic abuse prosecutions are prioritised, leaving little time to prepare a defence unless you act quickly

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We know that when you are facing criminal charges for domestic abuse, you need the right people in your corner. Our team will act with speed, clarity and discretion.  

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.

Anna McKay and Aimee Urquhart

Why Domestic Abuse Cases Are Different

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.”

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Police 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.

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How We Defend You from Domestic Abuse Charges

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.

Person detailing an account of False domestic abuse to a member of the criminal defence team at Scullion LAW.

If you are concerned, seek legal advice now

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We can help every step of the way

The 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: –

  1. A person (“A”) commits an offence if—
  • A behaves in a threatening or abusive manner,
  • the behaviour would be likely to cause a reasonable person to suffer fear or alarm, and
  • A intends by the behaviour to cause fear or alarm or is reckless as to whether the behaviour would cause fear or alarm.
  1. It is a defence for a person charged with an offence under subsection (1) to show that the behaviour was, in the particular circumstances, reasonable.
  2. Subsection (1) applies to—
  • behaviour of any kind including, in particular, things said or otherwise communicated as well as things done, and
  • behaviour consisting of—
  • a single act, or
  • a course of conduct.
  1. A person guilty of an offence under subsection (1) is liable—
  • on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both, or
  • on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

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.

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I’ve had a court case and I’ve been supported fully by my lawyer Urfan Dar. He reassured me and was brilliant all the way through and still can’t thank him enough.

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I would strongly recommend you to go to Scullion LAW, the service was exceptional and everyone I dealt with where great, a law firm that knows what they are doing and puts you first.

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Kris Buchanan speaks to Anna MacKay and Urfan Dar in the office
Urfan Dar and Nicolas Scullion at desk

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