Defending false domestic allegations 

Domestic abuse allegations can have life-changing consequences, even when they are false. At Olliers we understand the stress and stigma that comes with such accusations. False allegations can impact your reputation, relationships, career, and mental health, making it essential to approach these cases with a robust and strategic defence.

What is domestic abuse or domestic violence?

There is no specific offence of ‘domestic violence’ or ‘domestic abuse’ and the term can be applied to a variety of  offences alleged to have been committed in what is regarded as a domestic environment.  It covers domestic assault offences including section 39 assault, common assault, battery and section 47 assault known as actual battery harm (ABH).  It also encompasses controlling and coercive behaviour and non-fatal strangulation as well as non-fatal suffocation.

The domestic context of these allegations is considered an aggravating factor, often given greater weight in legal proceedings. Typically, the individuals involved share a close personal relationship, such as cohabitation, and the allegations can affect children or extended family members.

Domestic abuse allegations often involve incidents spanning extended periods rather than isolated events. These claims may include elements of physical, sexual, psychological, emotional, or financial abuse. Additionally, they frequently coincide with broader disputes, such as separation, divorce, child custody, financial disagreements, or conflicts involving third parties.

At Olliers, we recognise the intricacies of domestic abuse cases and understand that the reality is often far more complex than the version of events initially presented by police or prosecutors. Investigations and allegations frequently reflect only one side of the story. We are committed to ensuring that every client’s case is thoroughly and fairly represented, taking into account all the circumstances and details often overlooked in the early stages of proceedings.

Understanding the situation

False allegations of domestic abuse often arise in highly emotional situations, such as relationship breakdowns or custody disputes. While domestic abuse is a serious issue, false claims can and do happen, sometimes motivated by a desire to gain an advantage in family court proceedings or to punish a partner.

The importance of early legal representation

If you are facing false domestic allegations, seeking legal representation as soon as possible is crucial. Early intervention allows us to:

• Protect and advance your rights during any police interviews under caution
• Prevent the escalation of the case where evidence does not illustrate a realistic prospect of conviction
• Proactively gather evidence to challenge the allegations

The earlier we can begin building your defence, the stronger your case will be.

Establishing a clear timeline

One of our first steps is to work with you to establish a detailed timeline of events. This helps us identify inconsistencies in the complainant’s account and gather evidence to support your version of events. We need to understand the date(s) of the alleged incident(s), date(s) reported to police and any reason for the delay as well as the full background to the relationship.

Gathering evidence

We carefully collect and analyse all available evidence, including:

• Text messages, emails, and social media communications.
• CCTV footage, where applicable.
• Defence witness statements from friends and/or family members who can corroborate your account.

This evidence can often expose inaccuracies or contradictions in the allegations or cast doubt as to the credibility of the complaint.

Identifying motivations for false domestic allegations

False allegations often stem from ulterior motives, such as a custody dispute or an attempt to gain leverage in divorce proceedings. By exploring the context of the relationship and the complainant’s behaviour, we aim to uncover any potential reasons for fabricating allegations.

Family court proceedings

The chronology of events in family proceedings can often be critical to understanding the context of allegations. For instance, we have represented clients who believe that a matter escalated to police involvement as a direct consequence of deteriorating relations in family court proceedings. A common example is when one party opposes an application for child contact, and this opposition is followed by a criminal allegation being made.

One scenario we frequently encounter involves allegations, such as rape, that are not raised during the family court process but emerge later as a result of contentious contact disputes. In such cases, the timing and sequence of events suggest the possibility of criminal allegations being used strategically to influence the outcome of family proceedings.

We have seen this pattern repeatedly, particularly in acrimonious family disputes involving financial matters during divorce proceedings or disagreements over child contact. It is not uncommon for one party to use allegations as a means to obstruct the other party’s access to children or gain leverage in family court. Unfortunately, this weaponisation of family and criminal proceedings occurs far more often than it should, and understanding the chronology is essential in identifying and addressing these issues.

Facilitating access to legal aid in the family court proceedings

We have encountered cases where allegations of domestic abuse have facilitated access to legal aid in family proceedings.

In some instances, clients have expressed their belief that allegations, including those of rape, were made strategically by the complainant to secure legal aid. Without such allegations, legal aid may not be available, particularly where there is no evidence of domestic abuse. This issue frequently arises in contentious child contact proceedings, where the absence of legal aid could prevent a party from effectively pursuing or defending their case.

Moreover, the implications extend beyond legal aid. Being recognised as a victim of domestic abuse can also provide additional benefits, such as priority access to social housing. For individuals seeking to separate from their partner without alternative housing options, allegations of domestic abuse may expedite placement on the housing list. While some may perceive this perspective as overly sceptical, we have dealt with cases where the motivation for such allegations appeared to be not only securing legal aid but also gaining access to priority housing, enabling a move away from a partner with whom they no longer wish to live. These cases often involve no substantive evidence of criminal behaviour but rather reflect a desire to facilitate a separation.

Child access arrangements

Additionally, criminal allegations can lead to bail conditions that prohibit the accused from having contact with their children. This can result in the complainant gaining full custody or control of child contact arrangements, while the accused is left unable to maintain a relationship with their children during the investigation. These bail conditions, stemming from allegations of domestic abuse or assault, can profoundly impact the accused, both personally and legally.

Such scenarios highlight the complexities and potential misuse of the system, particularly in cases where motivations for allegations extend beyond genuine claims of abuse. It is vital to address these matters with careful scrutiny to ensure a fair and just outcome for all parties involved.

At Olliers we have specific expertise in dealing with cases involving intra-familial allegations including sexual allegations, coercive and controlling allegations and domestic assault allegations.

Pre-charge engagement in domestic allegations

When a client is accused of domestic abuse, our first priority after any police interview is to engage with investigators through pre-charge engagement. This proactive approach allows us to make detailed representations on behalf of our clients, arguing that the Charging Standard, as outlined in the Code for Crown Prosecutors, has not been met. We may contend that either there is no realistic prospect of conviction or that pursuing a prosecution is not in the public interest.

Many of our clients are professionals with no previous involvement in the criminal justice system, and for many, this may be their first experience of being arrested. We have extensive experience representing a wide range of professionals, including doctors, medical practitioners, teachers, fellow lawyers, FCA-regulated professionals, and high-net-worth individuals. We understand the critical importance of avoiding prosecution, particularly when careers, reputations, and livelihoods are at stake.

Our expertise and tailored approach ensure that we leave no stone unturned in seeking the best possible outcome for our clients.

Why Choose Olliers

At Olliers Solicitors we are experts in handling sensitive and complex cases involving false domestic allegations. We understand the emotional toll these accusations take and are committed to providing compassionate, non-judgmental support throughout the process. Our team combines legal expertise with a strategic approach to ensure the best possible outcome for our clients.

If you or someone you know is facing false allegations of domestic abuse, don’t face it alone. If you would like to discuss how we can proactively assist you in relation to an allegation of a domestic nature, please contact our new enquiry team by telephone on 0161 834 1515, by email to info@olliers.com or complete the enquiry form below. Contact us today for confidential advice and expert representation.