Domestic abuse is not limited to physical violence. The 2021 Act created a course-of-conduct criminal offence, while civil family-law remedies can address occupation, molestation and immediate safety. The correct route depends on risk and evidence.
Key points
What to know at a glance
- Treat coercive control as a pattern
- Consider criminal and civil remedies separately
- Use safe evidence-preservation methods
- Tell the court the full position in urgent applications
- Prioritise immediate safety over online communication
Recognising patterns of abuse
Abuse may include controlling finances, isolation, monitoring, threats, humiliation, damage, sexual abuse and repeated coercion. Individual incidents should be considered in the wider pattern. A chronology can help explain frequency, escalation and impact.
The 2021 criminal offence
The Domestic Abuse and Civil Proceedings Act introduced an offence focused on abusive conduct in a personal connection. Criminal investigation is separate from civil family proceedings, though evidence and safety concerns may overlap.
Non-molestation and occupation remedies
Civil orders may prohibit harassment or threatening conduct and regulate occupation of a home. The available order, test and notice arrangements depend on the relationship and urgency. An order must be drafted clearly enough to be understood and enforced.
Emergency applications
Where there is immediate danger, urgent or without-notice relief may be considered. The court expects candid disclosure, including information that may not support the application. Emergency orders are usually followed by a hearing at which both sides can be heard.
Children and contact
Abuse allegations may affect contact, handover and communication. Safety must be balanced with a child-focused assessment. Supervised or indirect contact may be considered while disputed facts are investigated.
Evidence and safe communication
Preserve messages, call logs, photographs, medical records, police references and witness details. Use a safe device and consider whether correspondence could increase risk. In an emergency call police or an appropriate support service rather than relying on an online form.
Common questions
Frequently asked questions
Is physical violence required?+
No. The law recognises patterns of non-physical abusive behaviour.
Can an order exclude someone from the home?+
An occupation order may regulate who lives in or enters a home, depending on the legal test.
What if an order is breached?+
Contact police and the solicitor. The consequences depend on the order and conduct.
Will abuse affect child contact?+
It can. The court considers safety, welfare and any protective arrangements.
Primary legal sources
Legislation and official guidance
These sources are provided for transparency. Legislation may be amended or commenced in stages, and reading the statutory text is not a substitute for advice.