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Posts Tagged ‘domestic violence’

Conditional Caution Domestic Violence

Conditional Caution Domestic Violence

 

Conditional Caution Domestic Violence

 

Are you being investigated for or charged with a domestic violence offence?

 

If so, it is vital that you get expert legal advice as soon as possible.

 

Our dedicated team can help.  Call us now on 01623 397200.

 

Domestic violence cases are treated seriously and have been the topic of much scrutiny recently, with the Crown Prosecution Service issuing strict guidance on how such cases should be handled.

 

Domestic violence cases are specifically flagged by prosecutors to mark their severity and delicate nature, and even if an alleged victim of domestic violence retracts their statement and does not want a prosecution to occur, you may be surprised to discover that the case against you will usually continue regardless.

 

The Government’s current definition of domestic violence is:

 

“Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members, regardless of gender of sexuality.”

 

While most people imagine that domestic violence refers to incidents between spouses, it is much wider than that and extends to family members such as mothers, fathers, sons, daughters, brothers, sisters and grandparents and includes in-laws and step-relations.

 

A domestic violence element to a criminal charge is an aggravating factor, and makes the matter more serious.

 

But, is it possible to obtain a conditional caution domestic violence?

 

This question has recently been considered in the Royal Courts of Justice, where a person investigated for a domestic violence offence was not offered a conditional caution because the decision maker involved in the investigation process believed that conditional cautions can never be offered in domestic violence cases.

 

The review of the case held that this was an incorrect belief and that it is possible to obtain a conditional caution domestic violence cases in some situations.

 

Forrest Williams know this to be the case and have a successful track record of securing conditional caution for domestic violence cases.

 

If you need a legal team on side who understand the intricacies of the law, call us now on 01623 397200.

 

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