Domestic Abuse Defence
Experienced defence in Scotland's specialist domestic abuse courts. Protecting your rights from charge to verdict.
Non-Harassment Orders
Non-Harassment Orders
False Allegations
Domestic abuse charges in Scotland are prosecuted under the Domestic Abuse (Scotland) Act 2018 — one of the most far-reaching pieces of criminal legislation in Scottish history. Unlike a simple assault charge, a domestic abuse offence under the 2018 Act can be constituted by a course of behaviour that is abusive, controlling, or coercive, even where no physical violence has taken place. If you have been charged under this Act, or are under investigation, specialist legal advice is essential from the very first moment.
The Domestic Abuse (Scotland) Act 2018
The 2018 Act created a single, standalone offence of domestic abuse, replacing the previous patchwork of common law offences and breach of the peace charges. Crucially, the offence is constituted by a course of behaviour — meaning that conduct which might appear minor in isolation can, when taken together, amount to a criminal offence. The behaviour must be directed at a partner or ex-partner and must be abusive. Abusive behaviour is broadly defined to include physical abuse, sexual abuse, psychological abuse, financial abuse, threatening behaviour, and coercive control.
Charges We Defend
Domestic abuse under the Domestic Abuse (Scotland) Act 2018. Assault and serious assault within a domestic context. Breach of non-harassment orders and bail conditions. Stalking under the Criminal Justice and Licensing (Scotland) Act 2010. Threatening or abusive behaviour under section 38. Breaches of protective orders and interdict. We represent clients at all stages — from police station attendance through to trial at the Sheriff Court or High Court of Justiciary.
Bail Conditions and Protective Orders
When someone is charged with domestic abuse in Scotland, they are almost invariably subject to bail conditions preventing contact with the complainer and excluding them from the family home. These conditions can be imposed at the first court appearance and can have devastating practical consequences. We advise on bail applications and reviews, seek modification of overly broad bail conditions where appropriate, and ensure that your position is clearly presented to the court. We also advise on non-harassment orders, which can be imposed both during proceedings and on conviction.
The Importance of Early Legal Advice
If Police Scotland contact you in connection with a domestic abuse allegation — whether by attending at your address, calling you in for a voluntary interview, or arresting you — do not make any statement without first consulting a solicitor. Exercise your right to legal advice before any police interview. Contact Charles Ferguson Solicitors immediately on 01698 285 885 or 0141 345 5735. We are available 24 hours a day, 7 days a week. Early advice allows us to advise on your rights, attend the police station, and begin building your defence from day one.
Specialist Domestic Abuse Courts in Scotland
Scotland operates specialist domestic abuse courts at a number of Sheriff Courts, including Glasgow, Hamilton, Airdrie, and Paisley. These courts sit with specially trained sheriffs and prosecutors and operate under distinct procedural rules, including the use of TV link evidence from complainers. Our solicitors have extensive experience appearing in these specialist courts and understand the approach taken by the Crown Office and Procurator Fiscal Service in prosecuting domestic abuse cases in Scotland. We bring that experience to work in your defence.
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