What actions are classed as Domestic Abuse?
Domestic abuse is not limited to physical violence. It can take many forms, including coercive or controlling behaviour, financial control, threats, intimidation and emotional abuse.
Under section 1 of the Domestic Abuse Act 2021, behaviour may constitute domestic abuse where:
- both individuals are aged 16 or over;
- they are “personally connected”; and
- the behaviour is abusive.
The Act applies in England and Wales and recognises the following forms of abusive behaviour:
- physical or sexual abuse;
- violent or threatening behaviour;
- controlling or coercive behaviour;
- economic abuse; and
- psychological, emotional or other abuse.
A single incident may amount to domestic abuse, although abuse often involves an ongoing pattern of behaviour. Conduct may also fall within more than one category.
What Does “Personally Connected” Mean?
Two people are personally connected if they:
- are, or have previously been, married or civil partners;
- are, or have previously been, engaged to marry or enter into a civil partnership;
- are, or have previously been, in an intimate personal relationship;
- are parents of the same child or have parental responsibility for the same child; or
- are relatives.
Only one of these connections needs to apply. Former relationships are included, and the individuals do not need to be married or living together.
Domestic abuse can also occur within families. For example, abuse by a parent, adult child, sibling or another relative may constitute domestic abuse.
The Different Forms of Domestic Abuse
The five statutory categories frequently overlap. The examples below are not exhaustive, but they illustrate the wide range of conduct that may be recognised as abusive.
Physical or Sexual Abuse
Physical or sexual abuse may include:
- hitting, pushing, kicking, strangling, burning or otherwise causing physical harm;
- rape, sexual assault or unwanted sexual contact;
- pressuring or forcing someone to participate in sexual activity;
- interfering with contraception; or
- forcing or preventing access to abortion, IVF or other reproductive treatment.
Violent or Threatening Behaviour
Violent or threatening behaviour may include:
- threatening physical violence;
- threatening someone with a weapon;
- throwing objects at or towards someone;
- threatening to harm family members or others close to them; or
- threatening to burn, poison, drown or otherwise injure them.
A threat does not need to be carried out before it may amount to abusive behaviour.
Controlling or Coercive Behaviour
Controlling or coercive behaviour may include:
- controlling what someone wears, eats or does, or where they go;
- monitoring their messages, telephone calls, online activity or movements;
- isolating them from family, friends or professionals;
- using children as a means of control;
- harming or threatening to harm pets;
- withholding medication or medical equipment;
- threatening to disclose sensitive personal information; or
- using immigration status or identity documents as a means of control.
This type of abuse can develop gradually and may involve a pattern of conduct intended to restrict a person’s independence or make them dependent on the abuser.
Economic Abuse
Economic abuse is behaviour that has a substantial adverse effect on a person’s ability to acquire, use or retain money or other property, or to obtain goods or services.
It may include:
- controlling access to money or bank accounts;
- creating debts in another person’s name;
- preventing someone from claiming benefits;
- interfering with their employment, education or training;
- coercing them into transferring money, property or other assets; or
- restricting access to essentials such as a telephone, vehicle, utilities or food.
Economic abuse can continue after a relationship has ended, particularly where the individuals remain financially connected.
Psychological, Emotional or Other Abuse
Psychological or emotional abuse may include:
- repeatedly humiliating or belittling someone;
- insulting, degrading or undermining them;
- intimidation or manipulation;
- using hostility or silence as part of a wider pattern of abuse;
- deliberately preventing them from sleeping;
- threatening their family, friends or colleagues; or
- causing them to doubt their own memory, perception or judgement, sometimes referred to as “gaslighting”.
Domestic abuse often involves a combination of these behaviours, particularly where there is an ongoing pattern of control, intimidation or isolation.
Children Affected by Domestic Abuse
Under the Domestic Abuse Act 2021, a child may be recognised as a victim of domestic abuse in their own right if they see, hear or experience the effects of the abuse and are related to either person involved.
A child does not need to witness an incident directly. Behaviour directed towards a child may also be used as a means of abusing or controlling a parent or carer.
What Legal Protection Is Available?
The family court may grant protective orders under the Family Law Act 1996. It is not necessary for the police to be involved before an application is made.
The principal orders are:
- Non-molestation order: This can prohibit a person from harassing, threatening, intimidating or otherwise molesting an applicant or a relevant child. Breaching a non-molestation order is a criminal offence.
- Occupation order: This can regulate who is permitted to live in, enter or remain in the family home. Depending on the circumstances, it may require one person to leave the property.
Eligibility and the terms of any order will depend on the particular circumstances.
For clients who are unable to communicate freely or safely, Frodshams has a safe-contact protocol to help ensure that communications are handled discreetly.
HEATHER BROADFIELD
HEAD OF FAMILY LAW
TO CONTACT HEATHER PLEASE
CALL01744 626 600
EMAIL[email protected]
“Our goal is to simplify the process and ease your stress so you feel confident and cared for every step of the way.”
Our team have many years of experience in helping clients and their families navigate the legal process during some of life’s most challenging and difficult times. Led by our Head of Family Law, Heather Broadfield, our Family Law department handles even the most challenging and intricate cases with professionalism and care. We are here to provide guidance and expertise every step of the way.
TO CONTACT HEATHER PLEASE CALL01744 626 600
EMAIL[email protected]
