It's very strongly recommended. Domestic abuse cases can be complex, especially given the broad definition of abuse, and a lawyer with criminal defence experience in this area can significantly help your defence. Richard Freeman has a highly successful record in defending domestic abuse cases.
In many cases, yes. We often succeed in having charges marked “No Further Action,” especially when evidence is weak or contradictory.
Absolutely. We win Not Guilty verdicts regularly by building a very strong defence including challenging evidence, exposing inconsistencies, utilizing technicalities and other techniques.
This depends on your specific circumstances but doing nothing is not a good strategy. Taking proactive action and getting legal help is vital to know what options and defence strategy to adopt. Rest assured preventing your conviction and avoiding you potentially going to prison is our first priority.
> Do not speak to the police without legal advice.
> Preserve any potentially relevant communications (texts, emails).
> Contact an expert criminal defence lawyer experienced in defending domestic abuse cases. Richard Freeman Law are experts in this area.
Yes, we cover every court in Scotland, including Edinburgh, Aberdeen, Dundee, Inverness, and rural areas.
Under the Domestic Abuse (Scotland) Act 2018, "domestic abuse" includes a course of behaviour directed toward a current or former partner that would be likely to cause physical or psychological harm.
The offence under the Domestic Abuse (Scotland) Act came into force on 1 April 2019.
Abusive behaviour can be physical (e.g., hitting), threatening, intimidating or coercive. It also includes controlling behaviour, isolation, financial abuse, and psychological abuse such as humiliation or fear.
No. Domestic abuse includes non‐physical abuse ‐ for example, coercive control, psychological or emotional abuse ‐ so physical harm is not required.
The Act defines partner broadly: this includes spouses, civil partners, individuals living together as partners, or those in an "intimate personal relationship."
For a conviction, a court considers whether a reasonable person would think the behaviour was likely to cause physical or psychological harm.
Yes, the Act has an extraterritorial provision, meaning abusive behaviour partly or wholly outside Scotland may still be prosecuted.Scotland's extraterritorial provisions for domestic abuse are established by the Domestic Abuse (Scotland) Act 2018, which allows Scottish courts to prosecute domestic abuse cases where the abusive behavior occurred, wholly or partly, outside the UK. This jurisdiction applies when the perpetrator is a UK national or British subject, a British protected person, or a person ordinarily resident in the UK, and the abusive behavior takes place outside the UK but falls under the conditions of the Act.
Under the Domestic Abuse (Scotland) Act 2018, the offence can carry a maximum sentence of 14 years.
Evidence may include messages (texts, emails, social media), witness testimony, police reports, recorded incidents, and expert evidence about psychological harm.
Yes. Because non‐physical behaviour counts, you can be arrested even if no physical assault took place, provided there is a credible allegation of abusive behaviour.
After a report, the police investigate and may charge. The report then goes to the Procurator Fiscal, who decides whether to prosecute.
It's strongly recommended. Domestic abuse cases can be complex, especially given the broad definition of abuse, and a solicitor with criminal defence experience in this area can significantly help your defence. Richard Freeman has a highly successful record in defending domestic abuse cases.
Bail decisions are based on risk, prior convictions, and public safety. Since 2023 reforms (e.g., the Bail and Release from Custody (Scotland) Act), there is a stronger presumption in favour of bail unless there is a good reason not to grant it.
Yes. A victim may seek a civil order (interdict) to prevent contact. Under the Protection from Abuse (Scotland) Act 2001, this may come with a power of arrest if breached.
If children witnessed abuse, this can act as a statutory aggravator, meaning the court may impose tougher sentencing.
No. Scottish courts have ruled that consent is not a valid defence for violent or non‐consensual abusive acts during sex. (Note: this is especially relevant where the behaviour might otherwise be considered assault.)
Yes. A defence solicitor can challenge the credibility of evidence, whether behaviour meets the legal test, and argue on procedural grounds.
It depends: complexity of evidence, number of charges, legal argument, court availability, and whether the case goes to trial all affect timescales.
Yes ‐ a criminal record can have significant consequences, including on employment, professional licencing, and immigration status.
In sentencing, a court might impose community‐based orders, behaviour programmes, or probation. Participation might be required or recommended, depending on circumstances.
Your solicitor can gather and present exculpatory evidence (e.g., alibis, contradictory witness statements, lack of a "course of behaviour"), question the interpretation of communications, and argue on legal definitions.