Staying Safe: Legal Protection from Domestic Abuse
Domestic abuse affects people from all walks of life and takes many forms. If you’re experiencing abuse, English law offers several protections. This guide explains your legal options for staying safe.
What is domestic abuse?
The Domestic Abuse Act 2021 defines domestic abuse as physical or sexual abuse, violent or threatening behavior, controlling or coercive behavior, economic abuse, or psychological abuse between people who are “personally connected.”
“Personally connected” includes:
- Current or former spouses or civil partners
- Current or former partners
- People who have a child together
- Family members
- People who were previously in an intimate relationship
Importantly, domestic abuse is not just physical violence – it includes patterns of controlling behavior, financial control, isolation tactics, and emotional abuse.
Legal protections available
1. Non-Molestation Orders
A Non-Molestation Order prevents your abuser from:
- Using or threatening violence
- Intimidating, harassing, or pestering you
- Communicating with you (if specified in the order)
- Coming within a certain distance of your home, work, or other locations
Who can apply:
- Current or former spouses or civil partners
- Cohabitants or former cohabitants
- Relatives
- People who have a child together
- People who are or were in an intimate relationship
Duration:
- Initially granted for 6–12 months
- Can be extended or made indefinite in serious cases
Breaking a Non-Molestation Order is a criminal offense with penalties including imprisonment.
2. Occupation Orders
An Occupation Order regulates who can live in the family home, regardless of who owns or rents it. It can:
- Force an abuser to leave the home
- Prevent them from entering certain rooms
- Specify who pays rent or mortgage
- Allow you to return home if you’ve had to leave
These orders are typically granted for 6–12 months but can be renewed.
3. Domestic Abuse Protection Orders (DAPOs)
Introduced by the Domestic Abuse Act 2021, DAPOs combine elements of Non-Molestation and Occupation Orders. They can:
- Prohibit contact with you
- Require the abuser to leave your home
- Prevent the abuser from going to your workplace or children’s school
- Require the abuser to attend substance-misuse or perpetrator programs
DAPOs can last for a specified period or indefinitely, and breaching one is a criminal offense.
4. Restraining Orders
Restraining Orders are issued by criminal courts when someone is convicted of (or, in some cases, acquitted of) an offense. They can prohibit the person from contacting you or coming near specific locations.
5. Clare’s Law: Domestic Violence Disclosure Scheme
If you’re concerned your partner may have a history of abuse, you can request information through the Domestic Violence Disclosure Scheme (Clare’s Law). The police can disclose information about a person’s previous abusive behavior to help you make informed choices.
Immediate protection: what to do in crisis
- Call 999. (If you can’t speak, dial 55 when prompted on a mobile call.)
- Leave your home if possible and go somewhere safe.
- Contact a domestic abuse helpline for advice.
Applying for court orders
Emergency applications
In urgent situations, you can apply for an “ex parte” (emergency) order without giving notice to the abuser. If granted, this provides immediate protection until a full hearing where both parties are present.
Standard applications
For non-emergency cases, you’ll need to:
- Complete the appropriate application form (FL401).
- Submit a witness statement detailing the abuse.
- Pay the court fee or apply for fee exemption if eligible.
- Attend the court hearing(s).
What does it cost?
Court fees are currently £69 for a Non-Molestation Order and £311 for an Occupation Order (as of April 2025). You may qualify for fee exemption if you’re on benefits or have low income.
Legal aid remains available for domestic abuse cases regardless of your financial situation if you have evidence of abuse.
Evidence of abuse
It’s helpful (but not always essential) to gather evidence such as:
- Medical records showing injuries
- Police reports or crime reference numbers
- Text messages, emails, or social media posts containing threats
- Witness statements from friends, family, or neighbors
- Photos of injuries or property damage
- Copies of previous restraining orders
Support services
- National Domestic Abuse Helpline: 0808 2000 247 (24/7)
- Local domestic abuse services (refuges, advocacy services)
- Citizens Advice
- Women’s Aid
- Men’s Advice Line: 0808 8010 327 (for male victims)
- Galop: 0800 999 5428 (for LGBT+ victims)
These organizations can offer emotional support, safety planning, and practical help with legal processes.
Disclaimer
This article provides general information about domestic abuse law in England and Wales as of April 2025. It is not legal advice, and laws can change. Your individual circumstances may affect how the law applies to your situation.
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