Criminal Defence Scotland: Understanding the Domestic Abuse (Scotland) Act 2018
Section 1 of the Domestic Abuse (Scotland) Act 2018 Domestic abuse has long been a serious issue in Scotland, affecting...
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Being accused of a domestic abuse offence in Scotland is serious. These cases move quickly. Police Scotland and the Procurator Fiscal treat domestic allegations as priority prosecutions, often with immediate arrest, restrictive bail conditions and rapid court timetables.
If you have been charged, the most important decision you make is who represents you.
At Scullion LAW, we understand how these cases are built, how evidence is tested, and how to challenge weak or exaggerated allegations before they harden into prosecutions.
Domestic cases don’t begin in court. They start with police involvement, often following a dispute in the family home or after separation.
In many cases our clients face:
These early stages shape the entire case. What you say, what evidence is gathered and how quickly a defence strategy is built all matter.
Domestic abuse prosecutions are commonly brought under the Domestic Abuse (Scotland) Act 2018. The Act widened the definition of abuse beyond physical conduct and created a specific offence covering patterns of behaviour within relationships.
Conviction on indictment can carry sentences of up to 14 years imprisonment. Even summary cases can result in custody, criminal records and professional consequences.
Separate charges are also frequently raised under Sections 38 and 39 of the Criminal Justice and Licensing (Scotland) Act 2010 for alleged threatening or abusive behaviour and allegations of stalking.
These charges are broad. They rely heavily on interpretation of conduct, context and credibility. That is where experienced defence representation becomes critical.
Domestic allegations often arise alongside:
We regularly represent clients when they face charges or accusations during a relationship breakdown or divorce. Scullion LAW’s close collaboration between our Family Law and Criminal Law teams ensures we can offer clients bespoke defence from the most serious matters when they arise.
We regularly see cases where events are exaggerated, misunderstood or selectively presented. Our role is to test the evidence properly and expose weaknesses in the prosecution case. These cases are rarely straightforward. Cases may rely on one person’s account versus another’s. Messages, call logs, CCTV, neighbours, medical records and historic behaviour are often introduced.
Many accused clients underestimate the impact of bail.
You may be removed from your home, prevented from seeing your children, restricted in travel or communication, and placed under strict supervision conditions.
These restrictions are imposed long before guilt is proven. Challenging unnecessary or disproportionate bail conditions early can make a significant difference to your day-to-day life.
Waiting makes cases harder to defend.
Early instruction allows us to:
This proactive approach often determines whether a case proceeds to trial or is resolved earlier.
We are known in Scotland for the high standard of defence representation we provide in every case. Our solicitors are trusted by professionals, business owners and individuals who cannot afford reputational damage or procedural mistakes.
Clients instruct us because we offer:
We do not provide generic representation. Every case is prepared individually with a clear defence strategy from the outset.
An allegation does not mean a conviction. It does mean the system is now in motion.
If you have been arrested, charged or are under investigation for a domestic offence in Scotland, speak to one of our award-winning defence solicitors immediately. Early legal advice protects your position, your rights and your future.
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