Domestic Abuse Defence Expertise

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 disingenuous complainers.

If you are accused of an allegation involving a domestic element, we are here to help you during what will be a difficult time. A time when you may be excluded from your family home and having contact with your family due to onerous bail conditions. 

Whatever your criminal representation needs, we can offer a holistic range of services tailored to your needs. Our highly experienced team is recognised for its forensic attention to detail, skilled, and disciplined approach to the law. We adopt a friendly and approachable attitude but never compromise a robust and competitive approach to the law.

Our solicitors are held in high regard by their peers, who recognise their skills as accomplished and tactical litigators with exceptional advocacy skills. The firm is regularly instructed by professionals and other solicitors who recognise that we are the recommended law firm of choice for astute clients who want the very best representation they can get. Sometimes our advice will be direct, but rest assured you are in safe hands, as we mean business and aim to achieve the best possible results in your case. 

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. 

Domestic abuse 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 having objects thrown at you 
• rape, being forced into sexual acts. 

Scullion LAW regularly acts for clients accused of domestic offences and compliments this approach with our award-winning Family Law Team. They deal with family law issues arising through a referral, should you need it. In cases, where clients have been subjected to false allegations, we have been successful in exposing these fabricated lies either before reaching trial or during the trial itself, resulting in acquittals for our clients. 

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 
   • intends the behaviour to cause fear or alarm or is reckless as to whether the behaviour would cause fear or alarm. 
2. 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. 
3. 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. 
4. 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. 

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. We can assist by providing impartial advice and seek to expose any deceptive allegations by seeking the truth and ensuring justice prevails in court.