Domestic Assault Charges and Sentencing in the UK

If you have been accused of assaulting a partner or a family member, one of the first questions you may have will be what sentence you are facing. This guide sets out which offence you are likely to be charged with, what each one carries, and how the domestic setting itself changes the sentence a court will pass. It covers the law in England and Wales.

Please note: we act for suspects and defendants only. We are often contacted by complainants who want to withdraw a statement, and we cannot advise on that. If you are experiencing domestic abuse, the 24-hour National Domestic Abuse Helpline is 0808 2000 247.

The short answer. There is no specific offence called "domestic assault" in England and Wales. It is a description, not a charge. An allegation in a domestic setting is prosecuted as an ordinary offence: common assault (maximum 6 months), actual bodily harm (5 years), controlling or coercive behaviour (5 years), non-fatal strangulation (5 years), Section 20 grievous bodily harm (5 years) or Section 18 GBH with intent (life). The domestic context does not create a separate offence, but under the Sentencing Council's Domestic abuse: overarching principles, it makes the same offence more serious, so a domestic assault will usually attract a higher sentence than an identical assault between strangers.

What is a domestic assault charge?

Domestic assault is not a specific offence under UK law, and neither is domestic abuse or domestic violence in the sense of a single charge you can be convicted of. When people say "domestic assault", they are describing an assault that has taken place in a private setting or between people who are personally connected.

The Domestic Abuse Act 2021 gave domestic abuse a statutory definition for the first time. It covers behaviour between two people aged 16 or over who are personally connected, where the behaviour is abusive, and it is deliberately broad: physical and sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological or emotional abuse.

Personally connected covers more than spouses. It includes civil partners, people who are or have been in an intimate relationship, and relatives, so allegations between parents and adult children or between siblings fall within it.

What you are actually charged with will be one of the offences below.

What is the average sentence for domestic violence in the UK?

There is no single average, because the sentence follows the offence charged rather than the label. The realistic range runs from a community order for a first-time common assault with no injury, through to a custodial sentence measured in years for serious harm.

What happens below the custody threshold

A prison sentence is not automatic, and many domestic assault cases sit below the custody threshold. Alternative outcomes include a community order with a rehabilitation activity requirement, an accredited perpetrator programme, a fine, or a conditional discharge. A short custodial sentence may also be suspended, with requirements attached.

Where a sentence lands within that range depends on the harm caused, your culpability, your record, and what the court makes of the aggravating and mitigating features below.

Which offence will I actually be charged with?

Common assault and battery

Common assault covers causing someone to fear immediate violence, and battery covers the application of unlawful force, which can be as little as a push and does not require injury. See our page on being charged with common assault.

Actual bodily harm (ABH)

Charged where the injury goes beyond trivial: bruising, scratches, a swollen lip. The injury does not have to be lasting. ABH carries a maximum sentence of five years, and the jump from common assault to actual bodily harm is a significant decision for the police make in a domestic case.

Grievous bodily harm (GBH)

Section 20 GBH covers inflicting really serious harm and carries a maximum of five years. Section 18, where the prosecution says you intended really serious harm, carries life as a maximum sentence. The difference between the two turns on intent rather than on the injury, so a Section 18 allegation should always be treated as serious from the first interview. Our page on grievous bodily harm explains the distinction.

Controlling or coercive behaviour

Controlling or coercive behaviour is an offence under Section 76 of the Serious Crime Act 2015. It targets a pattern of behaviour rather than a single incident: monitoring, isolating someone from family or friends, controlling money, or repeated threats. The Domestic Abuse Act 2021 removed the requirement that the parties still live together, so it can now be charged after a relationship has ended.

Non-fatal strangulation

A separate offence since June 2022, under section 75A of the Serious Crime Act 2015. It was created precisely because strangulation often leaves no visible injury and was previously charged as common assault. It is charged frequently in domestic cases, and our guide to non-fatal strangulation sets out what the prosecution has to prove.

How the domestic context changes the sentence

This is the part most guides leave out, and it is the reason a domestic assault is not sentenced like any other assault.

The Sentencing Council publishes a guideline called Domestic abuse: overarching principles. It states that offences committed in a domestic context are more serious than equivalent offences outside one, because they represent a violation of trust and because of the harm caused to those who should be able to feel safe at home.

It also removes some mitigation you might expect: provocation is treated with caution, and the fact that a complainant has forgiven the defendant or wants to continue the relationship carries limited weight.

Factors that will increase the sentence include the presence of children, an abuse of trust or power, previous incidents whether or not they were reported, a proven history of violence, and any breach of bail or of an existing court order.

What are the bail conditions for domestic violence?

If the police interview you about a domestic allegation, you may be released on pre-charge bail. Conditions in domestic cases are usually restrictive and commonly include:

• No contact, direct or indirect, with the complainant
• Not to attend a specified address, which is often your own home
• Residence at a different address
• Reporting to a police station at set times

Breaching a bail condition is treated seriously and can lead to arrest and to a remand in custody, even where the underlying allegation is at the lower end. If a condition prevents you returning home, or from seeing your children, it can be challenged, and that is worth doing early rather than living with it for months.

Restraining orders and other orders the court can make

A criminal court can make a restraining order, and it can do so on conviction or, in some circumstances, following an acquittal. A restraining order can prohibit contact and prohibit you from going to particular places, and breaching it is a separate criminal offence carrying up to five years.

You may also encounter a Domestic Abuse Protection Order or, in the family courts, a non-molestation order. These are civil orders with criminal consequences for breach, and they can run alongside a criminal case.

What to do if you are accused of domestic assault

1. Say nothing to the police until you have a solicitor. Advice at the police station is free to everyone, is not means tested, and applies to a voluntary interview as much as to an arrest.
2. Do not contact the complainant. Not to explain, not to apologise. It is the fastest route to a second charge and to losing bail.
3. Preserve your evidence. Messages, call logs, photographs and location data get deleted or overwritten. They are often the strongest material in a case that otherwise turns on one account against another.
4. Write down your account while it is fresh, including times and who else was present.
5. Tell your solicitor about any family proceedings. Criminal and family cases interact, and what is said in one can matter in the other.

Frequently asked questions

What sentence do you get for domestic assault?

It depends entirely on the offence charged. Common assault carries a maximum of 6 months, ABH and controlling or coercive behaviour 5 years each, and Section 18 GBH with intent carries life. Many domestic assault cases are dealt with by a community order rather than custody, particularly for a first offence with no significant injury.

Can a domestic assault charge be dropped if the complainant withdraws?

Not automatically. The decision to prosecute belongs to the Crown Prosecution Service, not to the complainant, and the CPS can and does proceed without their support by relying on body-worn footage, 999 recordings, medical evidence and messages. A withdrawal does not end a case, though it can affect how the CPS assesses it.

Will I go to prison for a first domestic assault offence?

Not usually, where the charge is at the lower end, and no serious injury was caused. A first-time common assault more often results in a community order or a fine. That changes quickly where there is significant injury, a strangulation allegation, children present, or a breach of an existing order.

Does a domestic assault conviction show on a DBS check?

Yes. A conviction for any assault offence will appear on a standard or enhanced DBS check, and it can affect work in regulated sectors. Even a caution is disclosable in some circumstances, which is one reason to take advice before accepting one.

Speak to a domestic violence defence solicitor

A domestic allegation moves quickly, and the decisions that matter most are usually taken in the first 48 hours: what you say in interview, whether you accept a caution, and what bail conditions you agree to. We defend these cases every day across London, Birmingham and Manchester.

Contact our domestic violence defence team or call our 24-hour line. If you are due at a police station interview, call before you attend.

Contact us today:

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Written by Umar Zeb, Senior Partner, Head of Private Client Crime, JD Spicer Zeb Solicitors. Authorised and regulated by the Solicitors Regulation Authority, SRA no. 55671. This guide covers the law in England and Wales and is general information, not legal advice on your own case. If you are experiencing domestic abuse, the National Domestic Abuse Helpline is free on 0808 2000 247, 24 hours a day.