What Is Domestic Abuse?

The Domestic Abuse Act 2021 defines domestic abuse broadly. It includes physical violence, emotional abuse, controlling or coercive behaviour, economic abuse, sexual abuse, and psychological abuse. Crucially, the abuser does not have to be a current partner — the definition covers ex-partners, family members, and anyone aged 16 or over who is personally connected to the victim.

The Act also recognises for the first time that children who see, hear, or experience the effects of domestic abuse are victims in their own right.

Coercive Control

Since 2015, controlling or coercive behaviour in an intimate or family relationship has been a specific criminal offence under Section 76 of the Serious Crime Act 2015. It carries a maximum sentence of 5 years' imprisonment.

Coercive control includes isolating the victim from friends and family, monitoring their movements and communications, controlling their finances, making threats, and degrading or humiliating them. It does not require a single act of physical violence.

Non-Molestation Orders

A non-molestation order is a court order that prohibits the abuser from threatening, intimidating, or harassing you. It can also prohibit them from contacting you, coming near your home or workplace, or communicating with your children.

How to Apply

  • You apply to the Family Court under Part IV of the Family Law Act 1996
  • You can apply without notice (ex parte) if there is an urgent risk of harm — the court can grant an order the same day
  • Legal aid is available without a means or merits test for domestic abuse cases
  • Breach of a non-molestation order is a criminal offence punishable by up to 5 years' imprisonment

Occupation Orders

An occupation order regulates who can live in the family home. It can require the abuser to leave the home, allow you to re-enter if you have been forced to leave, and exclude the abuser from a defined area around the property.

Occupation orders are more difficult to obtain than non-molestation orders because the court must balance the "balance of harm" test — weighing the harm to you and any children if the order is not made against the harm to the respondent if it is.

Criminal Prosecution

Domestic abuse can involve many criminal offences including assault (actual bodily harm or grievous bodily harm), harassment and stalking, coercive control, criminal damage, threats to kill, and sexual offences.

You can report domestic abuse to the police at any time. The police have the power to issue a Domestic Violence Protection Notice (DVPN) on the spot, which can be followed by a Domestic Violence Protection Order (DVPO) granted by magistrates within 48 hours. These provide immediate protection while longer-term orders are sought.

Clare's Law: The Right to Ask

Under the Domestic Violence Disclosure Scheme (known as Clare's Law), you have the right to ask the police whether a current or former partner has a history of domestic abuse or violent offences. The police will conduct checks and, if they consider it necessary to protect you, will disclose relevant information.

Supporting Evidence

If you are experiencing domestic abuse, try to keep records. Text messages, emails, photographs of injuries, diary entries, and witness statements from friends or family can all strengthen your case. Many domestic abuse charities can help you create a safety plan and gather evidence discreetly.

Where to Get Help

  • National Domestic Abuse Helpline: 0808 2000 247 (24 hours, freephone)
  • Men's Advice Line: 0808 801 0327
  • Galop (LGBT+ abuse): 0800 999 5428
  • Police: 999 in an emergency, 101 for non-emergency
You are not alone. Domestic abuse is never your fault. Legal protection is available quickly and at no cost. Contact a domestic abuse helpline, visit your local police station, or speak to a solicitor who offers a free initial consultation in family law.