Domestic Case After Football Game

A Domestic Case with Client Acquitted of Threatening and Abusive Behaviour

Case Background: Domestic Abuse Allegation in Glasgow

Our client, a man in a long-term relationship of over 20 years, found himself facing criminal charges after a night out in Glasgow in early September 2024. The events unfolded following a Celtic v Rangers football match.

Both our client and his partner had been out to go and watch the game. While his partner returned home earlier in the evening, our client remained out socialising and returned home later under the influence of alcohol.

Upon his return, an altercation was alleged to have taken place, resulting in police involvement and charges being raised against him.

Charges Faced by Our Client

1st Charge Domestic Threatening or Abusive Behaviour Charge. Allegations included:

Kicking and banging on the front door, causing damage

Forcing entry into the home

Shouting and swearing at his partner

Committing these actions while young children were present

The charge was brought under Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010, with aggravation under Section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

2nd Charge Threatening Behaviour Towards Police Officers whereby it was further alleged that upon police arrival, our client:

Shouted and swore at officers

Refused to desist when asked

This was also charged under Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010.

Defence Strategy and Court Proceedings

Understanding the Context

Our client fully accepted that he had consumed alcohol on the night in question. But firmly denied any intent to behave aggressively or abusively. He contested key aspects of both charges. by stating he did not:

Intentionally cause fear or alarm

Damage property or force entry as described

Shout or swear in a threatening manner

Key Defence Points in this Domestic Violence Case

Credibility of Witnesses

Taking into account of how entry was gained to the property and regarding the alleged behaviour inside the home.

Alcohol Consumption

While our client had been drinking, being under the influence is not in itself a criminal act. The Crown was required to prove beyond reasonable doubt that his behaviour met the legal test under Section 38(1).

Police Conduct

Evidence could suggest the client was confused and upset, rather than threatening, at the time of police arrival.

Children’s Welfare

The client maintained that he would never knowingly act in a manner that would distress young children, and the available evidence did not demonstrate deliberate intimidation in their presence.

Kinloch Lawyers Outcome - Client Successfully Defended

Through the interaction of Kinloch Lawyers acting for the accused, and following careful cross-examination, highlighting evidential inconsistencies, the Court was not satisfied that the Crown had proven its case beyond reasonable doubt.

The domestic threatening or abusive behaviour charge was dismissed.

The threatening behaviour towards police charge was similarly not upheld.

Lessons from This Court Case regarding Football, Alcohol, and Domestic Disputes

This case serves as a reminder that alcohol-fuelled misunderstandings or arguments can unfortunately escalate. Particularly in emotionally charged contexts such as after a football game.

It also reinforces the importance of strong legal representation when facing serious charges of domestic abuse or public order offences.
Domestic Violence Lawyers Kinloch who also specialise in Family Law prepared the right defence strategy to ensure that the accused’s rights are fully protected and that justice is served.

Need Legal Help for a Domestic Abuse Charge in Glasgow?

If you or someone you know is facing similar charges, expert advice and representation can make all the difference. The team here at Kinloch Lawyers specialise in defending cases under the Criminal Justice and Licensing (Scotland) Act 2010 and the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

Contact us today for a confidential consultation.