CRIMINAL DEFENCE
Alleged Domestic Assault/Abuse/Stalking
If you have been charged with an offence, get in touch with an expert criminal solicitor at the earliest opportunity.
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Alleged Domestic Assault, Abuse and Stalking Solicitors Glasgow
If you have been arrested, charged or contacted by the police over an allegation of domestic assault, abuse or stalking, early legal advice can protect your position. Keith J Tuck Solicitors provides criminal defence representation in Glasgow and across Scotland. Call 0141 673 5005 or complete our online contact form to speak to a criminal defence solicitor.
Domestic allegations can lead to serious criminal proceedings, bail restrictions and consequences for your work or reputation. Every case is different. We examine the allegations and evidence, explain your rights and prepare a defence based on the facts.
Domestic Abuse Law in Scotland
Police Scotland and the Crown Office and Procurator Fiscal Service (COPFS) define domestic abuse as physical, verbal, sexual, psychological or financial abuse which might amount to criminal conduct within a relationship between partners or ex-partners. This can include conduct taking place online.
The Domestic Abuse (Scotland) Act 2018 created a specific offence involving a course of abusive behaviour towards a partner or ex-partner. The legislation covers conduct intended to cause physical or psychological harm, or behaviour where the accused is reckless about causing such harm, subject to the statutory requirements being established.
Domestic incidents can lead to other charges, including assault, threatening or abusive behaviour and sexual offences.
The tests COPFS appliesCOPFS assesses whether there is sufficient corroborated evidence, a realistic prospect of conviction and whether prosecution is in the public interest. Current prosecution policy creates a presumption in favour of prosecution where these tests are met in domestic abuse cases.
Domestic Assault Defence Solicitors in Glasgow
An allegation of physical violence involving a partner or ex-partner may result in an assault charge. The exact charge and evidence need careful examination.
A criminal defence solicitor can review the prosecution case, take your instructions and identify factual, evidential and legal issues relevant to your defence.
Evidence that can feature in domestic casesDomestic cases can involve witness accounts, photographs, medical evidence, CCTV, messages, recordings and social media material. The prosecution must prove the charge against an accused person to the required criminal standard.
A complainer asking to withdraw an allegation does not automatically end proceedings. The decision on whether a prosecution continues rests with COPFS.
Stalking Defence Solicitors in Glasgow
Stalking is a criminal offence under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010.
The legislation concerns a course of conduct meeting the statutory requirements. Alleged conduct may include following another person, contacting or attempting to contact them, publishing material relating to them, monitoring electronic communications or entering places where they are present.
Alleged conduct may includeDigital evidence can play a major role in stalking cases. Messages, emails, call records, social media activity and other electronic information may form part of the prosecution evidence.
If you have been accused of stalking, avoid trying to resolve the allegation directly with the complainer. Any bail conditions or court orders restricting contact must be followed.
Speak to a criminal defence solicitor
Keith J Tuck Solicitors provides criminal defence representation in Glasgow and across Scotland.
What Should I Do If I Am Accused of Domestic Abuse or Stalking?
Taking sensible steps from the outset can help protect your legal position.
Contact a criminal defence solicitor
Seek advice as early as possible. If police want to question you, ask about speaking to a solicitor before answering questions concerning the allegation.
Follow bail conditions
Read any bail conditions carefully. They may prohibit contact with another person or prevent you from entering certain locations. Do not assume contact is permitted simply since the other person contacts you.
Preserve relevant evidence
Keep messages, emails, photographs, call records and other potentially relevant material. Tell your solicitor about witnesses, CCTV or digital evidence that could relate to the allegation.
Avoid discussing your case online
Social media posts and messages can become evidence. Avoid discussing the allegation, proceedings or complainer publicly.
Give your solicitor a detailed account
Explain what happened before, during and after the alleged incident. Details that appear minor could prove relevant when the evidence is examined.
Prepare for court
Your solicitor can explain the charge, court procedure, available evidence and next stages. They can then prepare your defence and represent you throughout proceedings.
Possible Consequences of a Conviction
Sentencing depends on the offence and circumstances. Depending on the charge and outcome, penalties can include a fine, community-based disposal or imprisonment. Courts may have powers to impose further orders or restrictions.
A conviction may have implications for employment, professional registration or disclosure checks. The position varies between occupations and individual circumstances.
Getting advice about the charge you actually face provides a clearer picture than relying on general information online.
About Keith J Tuck
Keith J Tuck has over 30 years' experience in Scottish criminal defence law, representing clients in the High Court, Sheriff Court and Justice of the Peace Court.
His practice includes domestic abuse, assault, stalking, fraud, sexual offences, drug offences, murder and other serious criminal cases.
Keith's professional profile records his successful defence of the principal accused in a major fraud and people-trafficking indictment trial at Sheriff Court level. He has also represented the principal accused in an exceptionally lengthy and complex High Court fraud trial.
This extensive courtroom experience allows Keith J Tuck Solicitors to represent clients facing both straightforward and complex criminal allegations throughout Scotland.
The firm acts for privately funded clients and can advise on Legal Aid where available.
Frequently Asked Questions
What should I do if police want to question me?
Ask to speak to a criminal defence solicitor. Legal advice before and during questioning can help you understand your rights and protect your position.
Can a domestic abuse case continue if an allegation is withdrawn?
Yes. COPFS decides whether proceedings continue. Withdrawal of support by a complainer does not automatically end a prosecution.
What is domestic abuse under Scots law?
Domestic abuse can involve physical, verbal, sexual, psychological or financial abuse between partners or ex-partners which may amount to criminal conduct.
Is stalking a criminal offence in Scotland?
Yes. Section 39 of the Criminal Justice and Licensing (Scotland) Act 2010 creates the offence of stalking where its statutory requirements are met.
Can I contact someone if my bail conditions prohibit contact?
No. You must comply with your bail conditions. Speak to your solicitor if you need advice about what a condition means.
Contact Our Domestic Abuse and Stalking Lawyers in Glasgow
If you have been accused of domestic assault, abuse or stalking, getting legal advice early can help you understand the allegations, your rights and what happens next.
Call Keith J Tuck Solicitors on 0141 673 5005 or complete our online contact form to discuss your case with a criminal defence solicitor.
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