Domestic Abuse Legal Protection

The Domestic Abuse Act 2021 defines domestic abuse as behaviour by a person (person A) towards another (person B) where:

• Both persons are aged 16 or over and personally connected (married, civil partners, intimate partners or former partners, family members); and
• The behaviour is abusive

Abusive behaviour includes:

• Physical or sexual abuse
• Violent or threatening behaviour
• Controlling or coercive behaviour
• Economic abuse — controlling or restricting access to money, assets, credit, or services
• Psychological, emotional, or other abuse

The behaviour does not have to be criminal to engage protective legal orders — it can be a single serious incident or a pattern of behaviour. Children who see, hear, or experience the effects of domestic abuse are also considered victims under the 2021 Act.

Coercive control is a pattern of behaviour that seeks to take away a person's liberty or freedom and strip away their sense of self. It includes monitoring movements, controlling finances, isolating from friends and family, and threatening behaviour. It became a criminal offence in 2015 under Section 76 of the Serious Crime Act.

Non-molestation orders are injunctions made by the family court under the Family Law Act 1996. They prohibit the respondent (the abuser) from:

• Using or threatening violence against the applicant or any relevant child
• Intimidating, harassing, or pestering the applicant
• Contacting the applicant directly or indirectly
• Instructing or encouraging others to act in a prohibited way

Breaching a non-molestation order is a criminal offence carrying up to five years' imprisonment. The police can arrest for a breach without a warrant.

Occupation orders regulate who may occupy the family home. They can:

• Require the respondent to leave the family home, even if they own it or are on the tenancy
• Prohibit the respondent from entering a defined area around the home
• Allow the applicant to re-enter and remain in the home

Occupation orders are harder to obtain than non-molestation orders and the court must balance the harm to each party. The "balance of harm" test means that if a child would be at risk if the order is not made, the court must make it unless the respondent or any relevant child would suffer equal or greater harm.

Emergency (without notice) orders: Both types of order can be made at an emergency hearing without notifying the respondent (ex parte), typically on the same day or within 24 hours. The respondent is served after the order is made and has the right to apply for it to be set aside or varied at a further hearing.

Domestic Violence Protection Notices (DVPNs) and Domestic Violence Protection Orders (DVPOs) are police and court-issued protections that do not require the victim to make a civil application.

DVPN (Domestic Violence Protection Notice): A senior police officer can issue a DVPN immediately after attending a domestic abuse incident. The notice:

• Lasts up to 48 hours
• Can prohibit the perpetrator from contacting the victim and returning to the shared home
• Does not require the victim's consent — the police act independently

DVPO (Domestic Violence Protection Order): Within 48 hours of the DVPN, police must apply to the magistrates' court for a DVPO, which can last between 14 and 28 days. This provides a cooling-off period during which the victim can:

• Seek legal advice
• Apply to the family court for longer-term protection
• Access support services and make safety plans

Domestic Abuse Protection Orders (DAPOs) are being rolled out nationally following the Domestic Abuse Act 2021. These are longer-term orders combining features of existing orders and include positive requirements such as attending a programme for perpetrators. DAPOs can be made on conviction or by the civil court.

Clare's Law — the Domestic Violence Disclosure Scheme (DVDS) gives members of the public the right to ask or be told about a partner's history of domestic violence and abuse. It operates in two ways:

• 'Right to ask': You can ask the police to check whether your current or ex-partner has a history of domestic abuse or violent behaviour. The police will tell you if there is a risk you need to know about.
• 'Right to know': The police can proactively disclose information to a potential victim if they believe they are at risk, even without a request.

You can make a Clare's Law application at any police station.

Where to get help immediately:

• National Domestic Abuse Helpline: 0808 2000 247 (free, 24 hours, run by Refuge)
• Men's Advice Line: 0808 801 0327 (for men experiencing abuse)
• Galop LGBT+ Domestic Abuse Helpline: 0800 999 5428
• 999: If you are in immediate danger, call the police
• Silent call 999 / press 55: If you cannot speak, call 999 and press 55 to alert police

Legal aid is available for domestic abuse cases regardless of your income or savings. You only need to produce evidence of abuse (a letter from a doctor, social worker, or domestic abuse support organisation, or a police report). A solicitor can apply for an emergency non-molestation order the same day in genuine emergencies.