What Is Domestic Abuse? UK Legal Definition Explained

Written By Owen Collins

Domestic abuse is any behaviour within a personal or family relationship that causes harm, fear or control. It can take many forms, including emotional, financial or controlling behaviour, and is not limited to physical violence. 

Domestic abuse affects millions of people across the UK, yet many victims struggle to recognise the warning signs or understand their legal rights. Whether you’re questioning your own relationship, supporting someone you care about, or simply want to understand what the law recognises as abuse, this guide explains the legal definition of domestic abuse, what behaviours are included, and what protections are available. 

If you are worried you or someone you know may be experiencing abuse, support is available: 

UK Domestic Abuse Support

If you are concerned about someone monitoring your online activity, you can read guidance on how to cover your tracks online. 

If you are in immediate danger, always call 999.[1]  If you cannot speak, press 55 when prompted to let the operator know you need silent assistance. 

The Legal Definition of Domestic Abuse 

Under the Domestic Abuse Act 2021, domestic abuse is legally defined as behaviour that occurs between people aged 16 or over who are personally connected, for example, partners, ex-partners, relatives, or those who share parental responsibility. 

Behaviour is considered abusive if it involves:

  • Physical or sexual abuse – Any use of force or unwanted sexual activity that causes harm, fear or distress. This includes hitting, restraining or forcing sexual acts without consent.

  • Violent or threatening behaviour – Actions or words intended to cause fear, such as threats of violence, damage to property, or intimidation.

  • Controlling or coercive behaviour – A pattern of behaviour used to isolate, dominate or frighten another person, such as monitoring movements, controlling finances or limiting contact with others.

  • Economic abuse – Controlling or restricting access to money, employment or financial resources, making a person dependent on their abuser.

  • Psychological or emotional harm – Behaviour that undermines confidence or self-worth, including name-calling, humiliation, manipulation or gaslighting.

  • Online and technology abuse – Using technology to harass or control someone, for example through tracking, monitoring messages or threatening to share private images.

  • Threats and intimidation – Behaviour designed to create fear or compliance, including threats to harm loved ones, pets or to misuse authority.

Domestic abuse can affect anyone, regardless of age, gender, background or sexuality, and can occur in any type of relationship. What sets it apart from ordinary conflict is the ongoing pattern of power and control, where one person seeks to dominate or undermine the other. 

The law recognises that abuse often develops gradually and that its effects can be just as serious when there is no physical violence involved. 

What is the Domestic Abuse Act 2021? 

The Domestic Abuse Act 2021 represents the most significant reform of domestic abuse law in England and Wales. It came into force on 29 April 2021 and introduced several groundbreaking provisions: 

Key Provisions of the Domestic Abuse Act 2021: 

Statutory definition of domestic abuse – For the first time, the Act provides a clear legal definition that recognises the full range of abusive behaviours, not just physical violence. 

Children as victims –  The Act recognises that children who see, hear, or experience the effects of domestic abuse or domestic violence are victims in their own right. This is particularly important in custody and child arrangement cases, where the court must consider the impact of abuse on a child’s wellbeing and safety when deciding future living or contact arrangements. 

Domestic Abuse Protection Notices and Orders – New powers for police and courts to issue protective orders with flexible conditions tailored to individual circumstances. 

Prohibition of cross-examination in family courts – Victims of domestic abuse are protected from being cross-examined by their abuser in person in family court proceedings, such as child arrangement cases. 

The Domestic Abuse Commissioner – The Act established the role of Domestic Abuse Commissioner to provide public leadership on domestic abuse issues and oversee the response to domestic abuse across England and Wales. 

Duty on local authorities – Local authorities must provide accommodation-based support to victims of domestic abuse and their children in refuges and safe accommodation. 

Extension of the controlling or coercive behaviour offence – The offence now applies to post-separation abuse, recognising that abuse often continues or escalates after a relationship ends. 

New offences – Including non-fatal strangulation and suffocation, which are particularly dangerous forms of abuse that don't always leave visible marks. 

The Act represents a fundamental shift in how domestic abuse is understood and addressed in the legal system, moving away from a narrow focus on incidents of physical violence to recognising the patterns of coercive and controlling behaviour that characterise abusive relationships. 

Domestic Abuse vs Domestic Violence: Understanding the Difference 

The terms ‘domestic abuse’ and ‘domestic violence’ are often used interchangeably, but they do not mean exactly the same thing. 

Domestic violence refers specifically to physical acts of violence within a relationship, such as hitting, kicking or other forms of physical harm. 

Domestic abuse is a broader term that includes physical violence but also covers other harmful behaviours, such as economic abuse.  

The shift from using ‘domestic violence’ to ‘domestic abuse’ reflects a better understanding that abuse is about ongoing patterns of power and control, not just physical assaults. Many people experience serious harm without ever being physically hurt.  

Recognising the full range of abusive behaviours helps ensure that anyone experiencing control, intimidation or fear knows they are entitled to support and legal protection. 

What Evidence Is Needed for Domestic Abuse? 

You do not need evidence to seek protection from domestic abuse. The courts understand that abuse often happens behind closed doors, and many victims do not have physical proof. Your own account of what has happened can be enough, especially if it is consistent and detailed. 

That said, any supporting evidence can help strengthen your case. Useful examples include: 

  • Messages, emails or diary notes describing incidents

  • Photos or videos of injuries or damaged property

  • Medical or GP records showing injuries or stress

  • Statements from friends, neighbours or professionals

  • Police reports or crime reference numbers

  • Financial documents showing control over money or debts
    If you’re unsure what evidence to collect or how to document abuse safely, our family law team can guide you through the process and help you take steps to protect yourself and your family.

Legal Options and Protections Available 

If you’re experiencing domestic abuse, there are several legal protections available to help keep you and your children safe. Our team can guide you through the right option for your situation. 

Non-Molestation Orders
These court orders stop someone from using or threatening violence, harassing, or contacting you. Breaching an order is a criminal offence. 

Occupation Orders
These determine who can live in the family home. They can allow you to stay in the property, require the abuser to leave, or set boundaries around the home. 

Domestic Abuse Protection Orders (DAPOs)
Introduced under the Domestic Abuse Act 2021, DAPOs can include restrictions and positive requirements such as attending behaviour programmes. They offer flexible protection tailored to your needs. 

Restraining Orders
Issued by criminal courts, these prevent an offender from contacting or approaching you. They can be made after conviction or acquittal if the court believes protection is necessary. 

Police Protection
Police can arrest suspects, issue immediate Domestic Violence Protection  Notices, or apply for short-term protection orders to give you space and safety. 

Clare’s Law (Domestic Violence Disclosure Scheme)

Under Clare’s Law, you can ask the police whether a current or former partner has a history of violence or abuse. This allows you to make informed decisions about your safety and seek help if you are at risk. 

Family Court Safeguards
If you share children, the court will consider any abuse when deciding arrangements. You cannot be cross-examined in person by your abuser, and special measures such as separate waiting areas or video evidence can be put in place. 

Criminal Charges
Many abusive behaviours are criminal offences, including assault, coercive control, harassment, sexual offences, and threats to kill. You can report these to the police, who will investigate and take appropriate action. 

What Is the Role of a Domestic Abuse Solicitor? 

A domestic abuse solicitor helps protect your safety, rights and wellbeing by guiding you through the legal process and securing the protection you need. 

How a solicitor can help:

  • Emergency Protection: Applying quickly for non-molestation or occupation orders, sometimes within 24 hours, to help keep you safe.

  • Legal Guidance: Explaining your options and advising whether to take civil or criminal action.

  • Court Representation: Supporting you through hearings and ensuring your voice is heard without direct contact with your abuser.

  • Evidence and Support: Advising how to gather evidence safely and working with police, social services and support agencies.

  • Financial and Family Matters: Helping you protect your finances, arrange child contact safely and manage separation or divorce.

  • Legal Aid: Assisting with applications if you’re eligible for funding.

Our family law team provides practical advice and compassionate support at every stage, helping you take the right steps towards safety and independence. 

Getting Professional Help 

Taking the first step to seek help can feel daunting, but you don’t have to face it alone. Support is available, both in emergencies and as you plan your next steps.

At RJS Family Law, we understand how complex and emotional these situations can be. Our solicitors provide compassionate, practical support to help you stay safe and make informed decisions. 

We can help you with:

Every situation is unique. We’ll listen to your story and guide you through the best options for your safety and wellbeing. If you need confidential advice, contact RJS Family Law today. 

FAQs 

  1. Can I report domestic abuse without leaving my partner?

    Yes. You can report abuse to the police or seek support from domestic abuse organisations without leaving your relationship. Many people aren't ready to leave immediately, and getting support can help you understand your options and plan for your safety.

  2. Will I need to go to court if I report domestic abuse?

    Not always. Reporting to the police doesn't automatically mean court proceedings. If the police decide to prosecute, you may be required to give evidence, but there are special measures to support victims in court. For civil protections like non-molestation orders, you will need to attend court, but your solicitor will support you throughout.

  3. Can men be victims of domestic abuse?

    Absolutely. Domestic abuse affects people of all genders. Men can be victims of domestic abuse from female or male partners, and support services and legal protections are available regardless of gender.

  4. What if I don't have any proof of the abuse?

    You can still seek help and protection even without extensive evidence. Your testimony is valuable, and courts understand that domestic abuse often happens in private. Start documenting incidents as soon as it's safe to do so, but don't let lack of evidence stop you from seeking support.

  5. How long do protective orders last?

    Non-molestation orders typically last 6-12 months but can be extended. Occupation orders have varying durations depending on your relationship status and circumstances. Restraining orders following criminal convictions can last for a specified period or indefinitely.

  6. Will domestic abuse affect child custody arrangements?

    Yes. Courts prioritise children's welfare, and any history of domestic abuse is a significant factor in determining child arrangements. The court will assess whether contact with an abusive parent is safe and what measures might be needed to protect children, such as supervised contact or no contact in severe cases.

    It would be great if we could add an 'exit site' button like on the women's aid website

Owen Collins
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What is a Narcissistic Partner?