Domestic Abuse Lawyers in Glasgow & Across Scotland

Being accused of domestic abuse affects every part of your life, often immediately. You may be held in custody, or released on strict bail conditions that can stop you returning home or contacting your partner. Beltrami & Co are criminal defence solicitors with decades of experience defending people charged with domestic abuse and domestic assault across Scotland. We act quickly, we act confidentially, and we take every allegation seriously.

Domestic Violence Solicitors Defending Clients Across Scotland

Domestic abuse cases often turn on a small number of witnesses, messages and events, and on how those events are described months later. Our domestic violence solicitors examine the Crown's evidence in detail, including witness statements, police body-worn camera footage, 999 calls, phone and social media messages, and any medical evidence. We identify inconsistencies and gather the evidence that supports your account. Early advice matters: if you have been contacted by the police, or you are due to be interviewed, speak to a solicitor before you answer any questions.

What Is the Domestic Abuse (Scotland) Act 2018 Offence?

Since 1 April 2019, it has been a specific criminal offence in Scotland to engage in a course of behaviour that is abusive of a partner or ex-partner. A course of behaviour means behaviour on at least two occasions. A partner includes a spouse or civil partner, someone you live with as if married, or someone you are in an intimate personal relationship with.

The offence covers more than physical violence. Under the Act, abusive behaviour includes behaviour that is violent, threatening or intimidating, and behaviour intended or likely to have effects such as:

• making a partner dependent on, or subordinate to, the accused
• isolating a partner from friends, relatives or other sources of support
• controlling, regulating or monitoring a partner's day-to-day activities
• depriving a partner of, or restricting, their freedom of action
• frightening, humiliating, degrading or punishing a partner

The Crown must prove that a reasonable person would consider the behaviour likely to cause physical or psychological harm, and that the accused either intended harm or was reckless as to whether it was caused. It does not have to prove that harm was actually suffered. The Act also provides a defence where the course of behaviour was reasonable in the particular circumstances.

Domestic Assault and Other Charges Aggravated by Domestic Abuse

Not every domestic case is prosecuted under the 2018 Act. Many are charged as assault, threatening or abusive behaviour, or another offence, with a statutory aggravation that the offence involved abuse of a partner or ex-partner, under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. An aggravation like this can affect how the case is prosecuted and how it is sentenced if you are convicted. We advise on whether the charge and any aggravation can properly be proved, and challenge them where they cannot.

Bail Conditions and Non-Harassment Orders

In domestic cases, the court commonly imposes bail conditions that prevent you from contacting the complainer or going to a particular address, which can include your own home. These conditions can last for months while the case is ongoing, and breaching them is a separate offence. We can advise on your conditions and, where appropriate, apply to the court to vary them.

If you are convicted of a domestic abuse offence, the court must consider whether to make a non-harassment order. An order like this restricts your contact with the complainer and, in some cases, with children. We make representations on whether an order is necessary and on its terms.

Penalties for Domestic Abuse in Scotland

The offence under the Domestic Abuse (Scotland) Act 2018 carries a maximum of 12 months' imprisonment if prosecuted under summary procedure, and up to 14 years' imprisonment if prosecuted on indictment. Other offences aggravated by domestic abuse are sentenced according to the offence charged, with the aggravation taken into account. A conviction can also have consequences beyond the sentence itself, including for employment, travel and contact with children, which is why expert representation from the outset matters.

Domestic Abuse Lawyers in Glasgow, Edinburgh, Aberdeen & Inverness

Our solicitors are based near Glasgow city centre and represent clients charged with domestic abuse in courts throughout Scotland, including Glasgow, Edinburgh, Aberdeen, Inverness and Greenock. We provide a 24-hour service for anyone in police custody.

Speak to a Domestic Abuse Defence Solicitor Today

If you have been arrested, charged, or contacted by the police about an allegation of domestic abuse, contact Beltrami & Co for confidential advice. If you have just been arrested or charged, read our guide on what happens next. If you believe the allegation against you is untrue, our false allegation defence team can help.

Call us on 0141 890 5555. We provide a 24-hour service.