Domestic Abuse and the Criminal Law: What Happens When the Police Get Involved

The World Cup and a Rise in Domestic Abuse

The Crown Prosecution Service has warned that domestic abuse incidents are expected to rise during the World Cup, and has urged victims to come forward, making clear that those responsible will be held to account. The evidence behind the warning is well established. Research from Lancaster University found that domestic abuse incidents rose by 26% when England won or drew and by 38% when England lost, across the tournaments studied. During Euro 2024, the National Police Chiefs’ Council recorded more than 300 domestic abuse offences where victims believed the perpetrator’s behaviour was linked to football.

The point that prosecutors, police and the leading charities all stress is the same one, and it bears repeating: football does not cause domestic abuse. Heightened emotion and alcohol around major matches can make an already abusive situation worse, but the responsibility lies with the perpetrator, and there is never an excuse, win, lose or draw.

How the Criminal Law Defines Domestic Abuse

A common misunderstanding is that domestic abuse means physical violence. The law is much broader. The Domestic Abuse Act 2021 sets out a statutory definition that includes physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological or emotional abuse. There is no single offence called ‘domestic abuse’; rather, abusive conduct is prosecuted under a range of criminal offences depending on what has happened.

These can include common assault and battery, actual or grievous bodily harm, harassment and stalking, threats to kill, criminal damage, and sexual offences. Controlling or coercive behaviour in an intimate or family relationship is itself a criminal offence under section 76 of the Serious Crime Act 2015. The breadth of the law matters, because behaviour that some people do not realise is criminal, such as a sustained pattern of control, monitoring or intimidation, can be prosecuted.

What Happens When the Police Are Called

When the police attend or receive a report, they investigate and can arrest a suspect where the legal grounds are met. They gather evidence from the scene and afterwards, including body-worn video, photographs, 999 call recordings, medical evidence and witness accounts. If a suspect is released while the investigation continues, the police can impose bail conditions, for example not to contact the complainant or attend an address, to protect the person at risk in the meantime.

The decision whether to charge is taken by the Crown Prosecution Service, applying its two-stage test of whether there is a realistic prospect of conviction and whether a prosecution is in the public interest. Prosecutors increasingly take what they describe as a suspect-centric, evidence-led approach, building the case around the suspect’s behaviour and the wider evidence rather than relying solely on the victim’s testimony. In practice this means a prosecution can sometimes continue even where the victim feels unable to support it or to give evidence in person.

Those accused of domestic abuse are often unfamiliar with the criminal law and how an investigation is performed by the police. Early advice is essential, as what happens in the early days of an investigation can heavily influence the outcome. Having a solicitor at a police station interview is an essential piece of advice.

Criminal Protective Measures, and How They Differ From Family Court Orders

The criminal justice system has its own protective measures, which sit alongside, and are separate from, the non-molestation and occupation orders available in the Family Court. Police bail conditions can provide immediate protection during an investigation. On conviction, and in some circumstances even following an acquittal, a criminal court can impose a restraining order prohibiting the defendant from contacting or approaching the protected person. New Domestic Abuse Protection Orders, introduced under the Domestic Abuse Act 2021, were brought in to strengthen and consolidate the available protections.

The key distinction is this: family court orders are civil orders obtained by the individual at risk, whereas criminal measures arise from a police investigation and a prosecution brought by the state. The two systems can operate at the same time, and for many people both routes are relevant. Alex O’Dwyer Curran’s companion article explains the family court protections in detail.

If You Are a Victim of Domestic Abuse

The clear message from prosecutors is that victims will be taken seriously and supported. Reporting abuse is difficult, and the system increasingly recognises that. Independent Domestic Violence Advisers can support a victim through the process, and special measures are available to help vulnerable or intimidated witnesses give their best evidence, such as giving evidence from behind a screen or over a video link. As above, evidence-led prosecution means that, in some cases, a case can proceed without the victim having to give evidence in the usual way. If you are in immediate danger, always call 999; abuse can be reported to the police on 101, and confidential support is available through the National Domestic Abuse Helpline.

If You Are Accused of Domestic Abuse

An accusation of domestic abuse is extremely serious, both for the complainant and for the person accused, and it must be treated as such. Domestic abuse is a serious crime and there is no excuse for it. At the same time, everyone accused of a criminal offence is entitled to understand the process they face and to obtain legal advice, and an allegation is not the same as a conviction. The consequences of a domestic abuse investigation can be far-reaching, affecting your liberty, your family, your living arrangements, your employment and your reputation, and the issues are often entangled with parallel family proceedings.

For anyone in that position, the right course is to take the matter seriously, comply with any bail conditions, avoid any contact that could worsen the situation, and obtain specialist advice at the earliest possible stage. Early expert representation helps ensure the process is fair, that your rights are protected, and that decisions are made on the basis of proper evidence.

Emotions run very high. This underlines the need for expert advice to take a clear view of the issues and provide strategic advice so as to seek the best possible resolution. Considering the strength of any allegations and presenting material that may support a defence case is vital. Securing and obtaining potentially relevant evidence should be done as quickly as possible after an allegation is made.

How We Can Help

Our defence and investigations team advises individuals and corporates facing police investigations and criminal allegations and, drawing on that experience, also advises victims of crime on the options open to them. We devise a clear strategy from the outset, work sensitively where matters are high-profile, and coordinate with colleagues in family and privacy law where a matter spans more than one area. If you are affected by any of the issues in this article, whether you have been accused or are seeking to understand your options, we would be glad to help.