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What is domestic battery?

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Domestic battery is an offence which is seen often throughout the UK courts.  However, there are several misconceptions about domestic battery, which we will address in this article.

In the following article, we clarify the definition of domestic battery, including the laws relevant to the term, and the punishments an individual could expect to face if they are found guilty.

Please note that the following article is for informational purposes only, and should not be considered legal advice. If you need legal support with allegations relating to domestic battery, please get in touch, and our team can advise you.

What is battery?

In the UK, battery (assault by beating) is a variation of the offence of common assault. This is set out in Section 39 of the Criminal Justice Act 1988.

In this context, battery refers to an act of common assault where physical and unlawful force is applied by someone intentionally and/or recklessly against the victim. The victim does not need to have suffered an injury for battery to have occurred, just that contact needs to have been made.

Generally speaking, domestic battery occurs in a private setting and/or between family members.

Who is considered a family member depends on the circumstances, and may include spouses, civil partners, and unmarried partners, as well as children, siblings, parents, and grandparents.

There is no specific offence of ‘domestic battery’, partly as there is also no offence of ‘domestic abuse’ or ‘domestic violence’. When an offence is committed within a domestic environment, such as battery and assault, this will be taken into consideration with regard to sentencing. However, it will not constitute an entirely separate offence.

How are domestic battery and abuse cases dealt with in UK courts?

In the UK, some domestic violence cases, such as those involving allegations of battery, are dealt with in a specialist domestic violence court, which is a type of Magistrates’ Court that specifically deals with domestic violence cases.

What are the sentencing guidelines for domestic battery?

Again, as there is no specific offence of ‘domestic battery’, the sentencing guidelines you should be aware of relate to the offence of battery (assault by beating). These guidelines stipulate that if you are found guilty of the offence, the maximum sentence to be handed out is 26 weeks’ custody.

Other potential punishments for battery include a fine of an unlimited amount or a community order.

What should you do if you are facing an allegation of domestic battery?

Being accused of any type of offence related to domestic abuse, such as battery, can be extremely distressing. To ensure that your rights are upheld, and you have the strongest defence against the allegations you are facing, it is vital that you instruct a team with specialist experience in handling these types of cases.

At JD Spicer Zeb, our criminal defence solicitors have more than 45 years of experience in advising and representing individuals accused of a wide range of offences, including battery. Our broad range of expertise means that we are well placed to provide you with the strongest legal defence, working with you to have your charges dismissed or, if conviction is unavoidable, ensure you receive the lowest possible sentence.

We have substantial experience handling all types of evidence usually relied on by the prosecution in these types of cases, including forensics such as fingerprint and DNA analysis, digital evidence, and witness testimony. We will take every measure to highlight any flaws in the prosecution’s case, and explore every angle of defence.

We are accredited by the Law Society for Criminal Litigation, and our previous experience means that we can clearly demonstrate a strong track record of success, which has led us to establish strong relationships with many of the country’s leading criminal defence barristers.

If you are facing a battery charge, we are here to provide you with the support you need.

Related offences

We also provide support and guidance on various other matters that are related to domestic battery, including:

Related cases

Fees and funding

We are always clear and upfront when it comes to legal fees.

If you are required to attend court you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle fees (both Legal Aid and private fees) please use the links provided below:

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.