The Landscape of Domestic Abuse Prosecutions
Domestic common assault allegations are prosecuted under section 39 of the Criminal Justice Act 1988. The investigation of domestic allegations has evolved significantly following the Domestic Abuse Act 2021 and the Police, Crime, Sentencing and Courts Act 2022, which extended investigative powers and widened the timeframes available to pursue prosecutions.
These allegations frequently arise at the breakdown of a relationship. A single 999 call can result in a detailed examination of a couple's history over the preceding two years. Early legal advice is essential to ensure that a one-sided account does not go unchallenged before any charging decision is made.
Defining Common Assault in a Domestic Context
Common assault under section 39 is committed where a person intentionally or recklessly causes another to apprehend immediate unlawful violence, or commits a battery — meaning unlawful physical contact. In domestic cases, this is frequently charged where there is no visible injury. A push, a shove, a raised hand, or threatening words accompanied by conduct can all be sufficient.
Because no injury is required, common assault charges can arise from relatively minor altercations. The domestic context often means that the CPS will pursue a prosecution even where the complainant does not support the charge.
The Extended Time Limit
Standard common assault is a summary-only offence, which ordinarily means proceedings must be commenced within six months of the alleged incident. However, for offences with a domestic abuse context, the Domestic Abuse Act 2021 extended this limitation period to two years from the date of the alleged offence, provided that proceedings are commenced within six months of the complainant making a formal witness statement to the police.
This extension allows the police to investigate and charge historical domestic incidents that would previously have been time-barred.
Non-Fatal Strangulation
The Domestic Abuse Act 2021 created a standalone offence of non-fatal strangulation or suffocation, now found in section 75A of the Serious Crime Act 2015. This offence applies to any act that intentionally affects a person's ability to breathe, even where no visible injury results. It is an either-way offence carrying a maximum sentence of five years' imprisonment.
Because the offence requires no visible injury, it is frequently charged in cases where a complaint of strangulation is made but medical examination reveals no bruising or other marks.
Coercive and Controlling Behaviour
Domestic abuse is not limited to physical violence. The criminal law also addresses non-physical forms of abuse, including:
- Economic abuse: Controlling a partner's access to money or their ability to work.
- Emotional and psychological abuse: Patterns of behaviour designed to isolate, humiliate, or frighten a partner.
- Post-separation abuse: Coercive control can apply even after a couple has separated, including conduct using child contact arrangements or digital communication as a means of control.
The Role of Digital Evidence
In domestic cases, digital records are frequently central to the defence. Text message threads, social media activity, and call logs can provide important context that may not appear in a complainant's initial account. Medical records may also be relevant where there are inconsistencies in reported injuries.
Pre-charge engagement — the process by which representations are made to the CPS before any charging decision — allows a defence solicitor to present this contextual evidence at the earliest opportunity. The objective is to demonstrate either that there is no realistic prospect of conviction or that prosecution would not be in the public interest.
Domestic Abuse Protection Notices and Orders
Independently of any criminal charge, the police have the power to issue a Domestic Abuse Protection Notice (DAPN) requiring a person to leave their home immediately. Within 48 hours, a Magistrates' Court will decide whether to grant a Domestic Abuse Protection Order (DAPO). These orders can impose significant restrictions on a person's movements and contact with family members. Legal representation at the DAPO hearing is important.
What to Do if You Are Arrested or Under Investigation
If you have been arrested, asked to attend a voluntary interview, or are under investigation for domestic common assault, do not speak to the police without a solicitor present. You have an absolute right to free, independent legal advice at the police station, and exercising that right cannot be used against you.
Where the allegation arises in the context of family proceedings, the intersection between the criminal investigation and any child contact or financial dispute requires careful coordination. Early specialist advice allows these risks to be properly managed.