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Domestic abuse can take many forms, including:

• Domestic violence – physical abuse of any form
• Psychological and/or emotional abuse – using words and non-physical actions to manipulate, hurt, scare or upset you
• Coercive control – an act or pattern of acts of assault, threats, humiliation and intimidation, which is used to harm, punish or frighten you
• Financial and economic abuse – a pattern of controlling, threatening and degrading behaviours relating to money and finances
• Sexual abuse – any sexual act or acts that you did not consent to
• Technology abuse – using technology as a tool to abuse you
• Harassment and stalking – repeatedly behaving in a way that makes you feel scared, distressed or threatened

In most cases, the perpetrator is a partner or ex-partner, but they can also be a family member or carer. You don’t have to be married or in a civil partnership (or engaged to them or separated from them) for behaviour to be viewed as domestic abuse in the eyes of the law.

Domestic abuse is a crime

Domestic abuse of any kind is against the law and will be treated as such by the authorities and people who can help you, but please don’t let that intimidate you into not reporting it. The police don’t necessarily need to be involved if a non-molestation or occupation order is applied for. Neither requires a police report, but if the perpetrator breaches conditions, it’s deemed a criminal offence.

If you or someone you know is in immediate danger, you must call 999 and seek help from the police. If it’s unsafe to speak, dial 999, then press 55 when prompted and follow the call handler’s instructions. The operator will ask yes-or-no questions, and you can press a key or make a noise such as a cough to confirm your answer.

For anyone not in immediate danger, Refuge’s National Domestic Abuse Helpline is free and available 24 hours a day. You can call them in confidence for non-judgemental support on 0808 2000 247. Support and information are also available on their website HERE

We understand that seeking help is a huge step that can feel terrifying, but we urge you to tell someone what’s happening to you and remember you’re not alone. You don’t have to wait for an emergency to arise before asking for support. Domestic abuse can happen to anyone at any time, but there is always one common theme – abuse is never the survivor’s fault, even though the perpetrator will likely manipulate you into believing you’re to blame.

Some cases of domestic abuse can go on for many years because the perpetrator promises they’ll change and the harm will stop. Our experience shows that, unfortunately, this is rarely the case.

Legal Aid to help finance domestic abuse cases

Before we talk about how the law can help to protect you, we want to reassure you that Legal Aid is available to support eligible people who can’t afford the costs of legal advice and representation.

If money is tight, please don’t let that be a barrier to seeking help. We urge you to check whether you’re eligible for support HERE

Which laws protect domestic abuse survivors?

There are six main laws:

• Family Law Act 1996 – this introduced non-molestation and occupation orders
• Protection from Harassment Act 1997 – this was a significant change that extended legal protection beyond physical abuse
• Domestic Violence, Crime and Victims Act 2004 – this introduced restraining orders
• Clare’s Law 2014 – also known as the Domestic Violence Disclosure Scheme, Clare’s Law allows you to contact the police to ask them to release information about a person’s history of violence or abuse if you, or someone you know, is in a relationship with them
• Serious Crime Act 2015 – Section 76 – this identified controlling, coercive or threatening behaviour
• Domestic Abuse Act 2021 – this landmark piece of legislation introduced a statutory definition of domestic abuse, the impact of domestic abuse on children, and a comprehensive legal framework to understand and tackle domestic abuse

What measures can be put in place to protect domestic abuse survivors?

Domestic abuse survivors can be protected by court orders, sometimes called injunctions, against the perpetrator, including:

• A non-molestation order to prevent harm from occurring – granted by a family court, a non-molestation order aims to prevent harm by forbidding specified behaviour. This could be threatening, intimidating, harassing or contacting you, or coming within a certain distance of your home or workplace. It may also be used to protect your children
• A restraining order as part of a criminal case – used to prevent further harm following a criminal incident, such as assault or stalking
• An occupation order excludes someone from your home and the surrounding area – you can apply for an occupation order if you own or rent a home that you share, or intended to share, with the perpetrator. These are especially important if your children live with you and are at risk

Although domestic abuse perpetrators are typically well known to survivors, we also wanted to briefly mention common law injunctions, which are used when the offender is not an ‘associated person’.

They can protect you against harassment, trespass, or nuisance in cases when the perpetrator is not associated with you through marriage, engagement, civil partnership, cohabiting, being related to you, or having had or having an intimate personal relationship of significant duration.

Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs)

DAPNs and DAPOs are being trialled in some areas in England and Wales until 24 November 2026, following the Domestic Abuse Act of 2021 becoming law. Both aim to provide immediate, long-term protection for victims of domestic abuse.

DAPNs impose conditions on the perpetrator, such as staying away from you for a specified period, leaving your home, and stopping all contact with you.

DAPOs can impose more extensive conditions on the perpetrator, including banning them from entering a specific address or area, requiring them to attend an appropriate rehabilitation programme, and restricting the perpetrator’s contact with you.

They are similar to non-molestation orders, but the key differences are:

• An individual or an associated third party can apply for a DAPO. A DAPN must be applied for by the police. This can include the British Transport Police
• Enforcements can be added to a DAPO, such as monitoring via electronic tagging or attendance at a drug, alcohol or behaviour change programme
• The perpetrator must attend their local police station within three days of the DAPO being issued to provide their name, address, and possibly fingerprints and photographs as well. Failure to do so will be an automatic breach. They will need to inform the police of any changes of address
• A DAPO does not include protection for children
• DAPOs are only available if the perpetrator is aged 18 or over. A non-molestation order can be used when the perpetrator is aged 16 or over

DAPOs can also cover part of an occupation order, for example, excluding the perpetrator from the family home or allowing the survivor access to it.

If the trial is successful, DAPNs and DAPOs will replace the protection orders we talked about earlier in this blog.

Read more of our blogs about domestic abuse

Our team is passionate about tackling domestic abuse to help protect and get justice for the most vulnerable people in our communities.

Below are links to our most recent blogs on this subject:

• How to create a safety plan to escape an abusive relationship HERE
• The impact of domestic abuse on children’s mental health HERE
• New laws will support domestic abuse victims with child maintenance payments HERE
• My living arrangements need to change due to domestic abuse. What do I do? HERE

How AGR Law can help you

We’re here to support you and offer the best legal advice and representation, ensuring the necessary measures are in place so you can move on with your life, safe from harm.

Call us on 0116 340 0094 or email hello@agrlaw.co.uk