What Counts as Domestic Abuse? A Legal Guide
Understand the legal definition of domestic abuse in England and Wales, the different types of abuse recognised by law, and what protection is available to you.
Domestic abuse is far more than physical violence. The Domestic Abuse Act 2021 provides a comprehensive legal definition that recognises the many forms abuse can take. If you are unsure whether what you are experiencing counts as domestic abuse, this guide will help you understand your legal position.
The Legal Definition
Under the Domestic Abuse Act 2021, domestic abuse includes any of the following behaviours by a person aged 16 or over towards someone they are personally connected to: physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological, emotional, or other abuse. The Act also recognises that children who see, hear, or experience the effects of domestic abuse are victims in their own right.
Types of Abuse Recognised by Law
Coercive control is a pattern of behaviour that seeks to take away your liberty or freedom, and to strip away your sense of self. It can include monitoring your movements, isolating you from friends and family, controlling your finances, and making threats. Since 2015, coercive or controlling behaviour has been a criminal offence in England and Wales.
Economic abuse involves controlling your ability to acquire, use, and maintain money or other resources. This might include preventing you from working, taking your wages, putting debts in your name, or refusing to contribute to household bills.
Psychological and emotional abuse can include intimidation, harassment, humiliation, and verbal abuse. While these behaviours may not leave physical marks, they can be deeply damaging and are fully recognised under the law.
What Protection Is Available?
If you are experiencing domestic abuse, several legal remedies are available. A non-molestation order prohibits the abuser from using or threatening violence against you or your children, or from intimidating or harassing you. An occupation order can regulate who lives in the family home and can exclude the abuser. Both orders can be obtained urgently, sometimes within 24 hours.
You do not need to have reported the abuse to the police to seek a court order. Legal aid is available for domestic abuse cases without a means test for non-molestation orders. At CVG Family Law, we specialise in helping victims of domestic abuse access the protection they need. Contact us for a free, confidential consultation.