LAWS TO TACKLE ABUSE
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This page is written with regard to English law. There are both criminal charges and civil remedies for victims of Domestic Abuse. You should read this page in conjunction with the page on Divorce and the page on Family Courts. If you are visiting from another country many of the pages on this website will have information of interest about post-separation control but you should visit your own government's website to discover what the current Domestic Abuse laws are in your country.
The Draft Domestic Abuse Bill
England & Wales
Update: Since compiling this page the Domestic Abuse Bill made its way through Parliament and on 24 July 2019 a new government was formed. Boris Johnson became Prime Minister and David Gauke MP was replaced as Justice Secretary by Robert Buckland QC MP. Unfortunately the Bill fell due to a General Election being called for December 12, 2019. The Bill has now been tabled again in the new legislative agenda for 2020 of the Conservative government. Sadly, David Gauke is no longer an MP.
The Rt Hon David Gauke MP delivering the Draft Domestic Abuse Bill
On January 21, 2019 after a two-year period of consultation and debate, the British Government published their draft Domestic Abuse Bill.
The economic and social cost of domestic abuse in England and Wales has been calculated to be in the region of a staggering £66 billion per year. According to the research, the vast majority of this cost (£47 billion) was a result of not just the physical harm of domestic abuse, but the emotional/psychological harm too. This figure also includes other factors such as cost to health services (£2.3 billion), police (£1.3 billion) and victim services (£724 million).
Obviously it's in everyone's interests to tackle this problem. The Government has recognised that it is time to put domestic abuse at the top of everyone’s agenda, and to fundamentally change the way we think about this insidious crime. The draft Bill (which is what legislation is called before it becomes an Act of Parliament) will now be (has now been) subject to pre-legislative scrutiny by a joint committee of both Houses of Parliament. Various amendments (additions, subtractions and some much needed changes) will be debated in Parliament until the agreed-upon Bill passes to the Queen for Royal Assent. So, we are not there yet, but once this Bill is approved, it will become the Domestic Abuse Act 2019 and formally pass into UK law.
Then the new legislation will:
Alongside this new landmark legislation, a package of other measures have also been put forth. This includes a commitment to provide funding and to making a plethora of other resources available. That said, Domestic Abuse charities are asking for much larger funds to be allocated. Read the response from Women's Aid here.
Women's Aid Response To Domestic Abuse Bill
Sometime after March 2019 a Designate Commissioner will be appointed. (Update: Nicole Jacobs has been appointed) Although they won't have any formal powers until the Bill is passed, this official will immediately be granted all the same responsibilities as the Statutory Commissioner.
The economic and social cost of domestic abuse in England and Wales has been calculated to be in the region of a staggering £66 billion per year. According to the research, the vast majority of this cost (£47 billion) was a result of not just the physical harm of domestic abuse, but the emotional/psychological harm too. This figure also includes other factors such as cost to health services (£2.3 billion), police (£1.3 billion) and victim services (£724 million).
Obviously it's in everyone's interests to tackle this problem. The Government has recognised that it is time to put domestic abuse at the top of everyone’s agenda, and to fundamentally change the way we think about this insidious crime. The draft Bill (which is what legislation is called before it becomes an Act of Parliament) will now be (has now been) subject to pre-legislative scrutiny by a joint committee of both Houses of Parliament. Various amendments (additions, subtractions and some much needed changes) will be debated in Parliament until the agreed-upon Bill passes to the Queen for Royal Assent. So, we are not there yet, but once this Bill is approved, it will become the Domestic Abuse Act 2019 and formally pass into UK law.
Then the new legislation will:
- Introduce the first ever statutory Government definition of domestic abuse to specifically include economic abuse and controlling and manipulative non-physical abuse. This will enable everyone, including victims themselves, to understand what constitutes abuse and will encourage more victims to come forward;
- establish a Domestic Abuse Commissioner to drive the response to domestic abuse issues;
- introduce new Domestic Abuse Protection Notices and Domestic Abuse Protection Orders to further protect victims and place restrictions on the actions of offenders;
- prohibit the cross-examination of victims by their abusers in the family courts; and;
- provide automatic eligibility for special measures to support more victims to give evidence in the criminal courts.
Alongside this new landmark legislation, a package of other measures have also been put forth. This includes a commitment to provide funding and to making a plethora of other resources available. That said, Domestic Abuse charities are asking for much larger funds to be allocated. Read the response from Women's Aid here.
Women's Aid Response To Domestic Abuse Bill
Sometime after March 2019 a Designate Commissioner will be appointed. (Update: Nicole Jacobs has been appointed) Although they won't have any formal powers until the Bill is passed, this official will immediately be granted all the same responsibilities as the Statutory Commissioner.
The introduction of the term Economic Abuse is most welcome by victims of post-separation control. Economic Abuse involves behaviours (control, exploitation and sabotage) that interfere with a partner's ability to acquire, use and maintain economic resources. It commonly takes place alongside, physical, sexual and psychological abuse.
All the new measures announced will help raise awareness about the crime of Domestic Abuse and help tackle the harm it causes. In addition a separate, updated Violence Against Women and Girls Strategy (#VAWG ) has been published by the Home Office. See Resources.
However, we are not home and dry yet. We have to hope that the Bill doesn't get sidelined in the Brexit turmoil. Plus, as I say, Domestic Abuse charities believe that the Bill still doesn't go far enough - The Surviving Economic Abuse charity would also like to see Economic Abuse properly criminalised.
You can read about Draft Bills here and the progress of formal bills here.
It is also important to recognise that when the Bill does pass into Law, these legislative changes will sit alongside - as opposed to replacing - the current Coercive Control legislation which came onto the statute books in 2015. Continue scrolling down and we will look at this law next. There are also a number of other criminal and civil laws which may be used to prosecute Domestic Abuse and post-relationship control. These will be listed further down the page. Also see the page on The Family Courts
All the new measures announced will help raise awareness about the crime of Domestic Abuse and help tackle the harm it causes. In addition a separate, updated Violence Against Women and Girls Strategy (#VAWG ) has been published by the Home Office. See Resources.
However, we are not home and dry yet. We have to hope that the Bill doesn't get sidelined in the Brexit turmoil. Plus, as I say, Domestic Abuse charities believe that the Bill still doesn't go far enough - The Surviving Economic Abuse charity would also like to see Economic Abuse properly criminalised.
You can read about Draft Bills here and the progress of formal bills here.
It is also important to recognise that when the Bill does pass into Law, these legislative changes will sit alongside - as opposed to replacing - the current Coercive Control legislation which came onto the statute books in 2015. Continue scrolling down and we will look at this law next. There are also a number of other criminal and civil laws which may be used to prosecute Domestic Abuse and post-relationship control. These will be listed further down the page. Also see the page on The Family Courts
COERCIVE CONTROL LAW
The cross-Government definition (in the UK) of domestic violence and abuse outlines controlling or coercive behaviour as follows:
CONTROLLING BEHAVIOUR is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
COERCIVE BEHAVIOUR is: a continuing act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim. It includes,
This is a link to the Current Legislation which is a part of the Serious Crime Act. The offence, which does not have retrospective effect, received Royal Assent on 3 March 2015 and came into force on 29 December 2015. The offence carries a maximum prison sentence of 5 years. What is important to understand here is that this legislation does include a former partner. There seems to be a lot of confusion about who this law applies to. If anyone seems unsure about this offence you can direct them to the following information which is taken from the statutory guidance for the investigation of the offence of coercive or controlling behaviour:
In brief the offence of Coercive Control applies when:
You are personally connected to your abuser if you were in an intimate personal relationship with them at the time the incidents took place (whether you lived together or not). It is not neccessary for the perpetrator and victim to still be cohabiting OR in a relationship when the offence is reported as long as the incidents took place when they were 'personally connected' and after the legislation came into force (Dec 2015). If the control took place after relationship/cohabitation and cannot meet the coercive control criteria the stalking and harassment law may apply. Please see the Statutory Guidance Framework for full details.
You can Read the Legal Guidance here
It is important to read these documents thoroughly and also to appreciate the difference between Criminal Law and Family (Civil) Law. Coercive Control is a piece of criminal legislation, which means the 'Crown' will prosecute it in the criminal courts (ie not the Family Court). Criminal offences must be proved to the criminal standard. The criminal standard (burden of proof) is "beyond a reasonable doubt". The civil standard is 'the balance of probabilities', often referred to in judgments as "more likely than not". The civil standard is used in Family Law where you might find yourself in the court as an Litigant in Person (LiP) if you cannot afford and/or are not entitled to legal representation. More on this in this section.
It is quite easy to prove that someone has been harmed physically if there are photographs and hospital visits etc. It is far harder to prove it 'beyond doubt' if the damage is psychological or financial - especially if your perpetrator is one step-ahead of you and highly manipulative (which most are) - without solid proof. For the Coercive Control law to be applicable one needs to be able to prove a pattern of abuse and a serious effect.
There are two ways in which it can be proved that A's behaviour has a 'serious effect' on B:
You can read more about how Domestic Abuse laws are enforced in the Legal Guidance above and in the following document:
The Authorised Professional Practice on Domestic Abuse for enforcement.
Having a basic understanding of how the law operates and what defences can be advanced, is vital. Not only will it empower you, but it will make clear why the police and prosecutors have to look carefully at all of the evidence in a criminal case and why it is so important that you document all instances of abuse, through diaries, pictures, phone records etc (the range of evidence the Police can formally accept is given in The Legal Guidance link above and some re listed below) so that there is a body of irrefutable proof. One thing you don't want, is to know what it is to suffer abuse, then pluck up the courage to report it only to find you are unable to prove it as it's a he said/she said situation. It's retraumatising to hear the Police or CPS say that they are unable to take a case forward.
Coercive control often does not leave any physical marks, so evidence of the psychological or economic harm and controlling behaviour need to be shown.*
* Always ensure that it is safe to do so and do not alert your abuser to what you are doing.
CONTROLLING BEHAVIOUR is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
COERCIVE BEHAVIOUR is: a continuing act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim. It includes,
- sexual,
- physical,
- emotional,
- financial
- and psychological abuse.
This is a link to the Current Legislation which is a part of the Serious Crime Act. The offence, which does not have retrospective effect, received Royal Assent on 3 March 2015 and came into force on 29 December 2015. The offence carries a maximum prison sentence of 5 years. What is important to understand here is that this legislation does include a former partner. There seems to be a lot of confusion about who this law applies to. If anyone seems unsure about this offence you can direct them to the following information which is taken from the statutory guidance for the investigation of the offence of coercive or controlling behaviour:
In brief the offence of Coercive Control applies when:
- The behaviour takes place repeatedly or continuously (on an ongoing basis)
- The pattern of behavour has a serious effect on the victim. This is either fear that violence will be used against them on at least two occasions or the victim have been caused serious alarm or distress, which has had a substantial effect on the victim's usual day-to-day activities.
- The perpetrator knows or ought to know that the behaviour will have a serious effect
- The perpetrator and the victim were personally connected when the incidents took place.
You are personally connected to your abuser if you were in an intimate personal relationship with them at the time the incidents took place (whether you lived together or not). It is not neccessary for the perpetrator and victim to still be cohabiting OR in a relationship when the offence is reported as long as the incidents took place when they were 'personally connected' and after the legislation came into force (Dec 2015). If the control took place after relationship/cohabitation and cannot meet the coercive control criteria the stalking and harassment law may apply. Please see the Statutory Guidance Framework for full details.
You can Read the Legal Guidance here
It is important to read these documents thoroughly and also to appreciate the difference between Criminal Law and Family (Civil) Law. Coercive Control is a piece of criminal legislation, which means the 'Crown' will prosecute it in the criminal courts (ie not the Family Court). Criminal offences must be proved to the criminal standard. The criminal standard (burden of proof) is "beyond a reasonable doubt". The civil standard is 'the balance of probabilities', often referred to in judgments as "more likely than not". The civil standard is used in Family Law where you might find yourself in the court as an Litigant in Person (LiP) if you cannot afford and/or are not entitled to legal representation. More on this in this section.
It is quite easy to prove that someone has been harmed physically if there are photographs and hospital visits etc. It is far harder to prove it 'beyond doubt' if the damage is psychological or financial - especially if your perpetrator is one step-ahead of you and highly manipulative (which most are) - without solid proof. For the Coercive Control law to be applicable one needs to be able to prove a pattern of abuse and a serious effect.
There are two ways in which it can be proved that A's behaviour has a 'serious effect' on B:
- If it causes B to fear, on at least two occasions, that violence will be used against them - s.76 (4)(a); or
- If it causes B serious alarm or distress which has a substantial adverse effect on their day-to-day activities - s.76 (4) (b).
You can read more about how Domestic Abuse laws are enforced in the Legal Guidance above and in the following document:
The Authorised Professional Practice on Domestic Abuse for enforcement.
Having a basic understanding of how the law operates and what defences can be advanced, is vital. Not only will it empower you, but it will make clear why the police and prosecutors have to look carefully at all of the evidence in a criminal case and why it is so important that you document all instances of abuse, through diaries, pictures, phone records etc (the range of evidence the Police can formally accept is given in The Legal Guidance link above and some re listed below) so that there is a body of irrefutable proof. One thing you don't want, is to know what it is to suffer abuse, then pluck up the courage to report it only to find you are unable to prove it as it's a he said/she said situation. It's retraumatising to hear the Police or CPS say that they are unable to take a case forward.
Coercive control often does not leave any physical marks, so evidence of the psychological or economic harm and controlling behaviour need to be shown.*
* Always ensure that it is safe to do so and do not alert your abuser to what you are doing.
OTHER LAWS
If the Police NFA (No Further Action) your attempts to bring Coercive Control to their attention, you can ask them to look at using the Harassment law instead. There are actually a wide range of other laws which may be used (alongside it or on their own) to prosecute abuse and controlling behaviour. These are shown on this list:
Draft DA Bill
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Coercive Control
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Current Laws
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Magistrates’ courts and County Courts can grant two types of order:
1) A Non-Molestation Order, which can either prohibit particular behaviour or general molestation
2)An Occupation Order, which can define or regulate rights of occupation of the home
Anyone breaching a civil non-molestation order can be arrested (criminal law).
Family Courts also have powers to order that a suspected abuser may be removed from the home, rather than the child.
Sections 24 to 33 of the Crime and Security Act 2010 provide for domestic violence protection notices (“DVPNs”) and domestic violence protection orders (“DVPOs”). They were implemented across England and Wales from 8 March 2014 following a one year pilot in the West Mercia, Wiltshire and Greater Manchester police force areas.
A DVPN is an emergency non-molestation and eviction notice which can be issued by the police, when attending to a domestic abuse incident, to a perpetrator. Because the DVPN is a police-issued notice, it is effective from the time of issue, thereby giving the victim the immediate support they require in such a situation. Within 48 hours of the DVPN being served on the perpetrator, an application by the police to a magistrates’ court for a DVPO must be heard. A DVPO can prevent the perpetrator from returning to a residence and from having contact with the victim for up to 28 days. This allows the victim a degree of breathing space to consider their options with the help of a support agency. Both the DVPN and DVPO contain a condition prohibiting the perpetrator from molesting the victim. Read more here
Please seek professional legal advice
If you are being stalked you should contact the police and visit Paladin
1) A Non-Molestation Order, which can either prohibit particular behaviour or general molestation
2)An Occupation Order, which can define or regulate rights of occupation of the home
Anyone breaching a civil non-molestation order can be arrested (criminal law).
Family Courts also have powers to order that a suspected abuser may be removed from the home, rather than the child.
Sections 24 to 33 of the Crime and Security Act 2010 provide for domestic violence protection notices (“DVPNs”) and domestic violence protection orders (“DVPOs”). They were implemented across England and Wales from 8 March 2014 following a one year pilot in the West Mercia, Wiltshire and Greater Manchester police force areas.
A DVPN is an emergency non-molestation and eviction notice which can be issued by the police, when attending to a domestic abuse incident, to a perpetrator. Because the DVPN is a police-issued notice, it is effective from the time of issue, thereby giving the victim the immediate support they require in such a situation. Within 48 hours of the DVPN being served on the perpetrator, an application by the police to a magistrates’ court for a DVPO must be heard. A DVPO can prevent the perpetrator from returning to a residence and from having contact with the victim for up to 28 days. This allows the victim a degree of breathing space to consider their options with the help of a support agency. Both the DVPN and DVPO contain a condition prohibiting the perpetrator from molesting the victim. Read more here
Please seek professional legal advice
If you are being stalked you should contact the police and visit Paladin
Please use the menu to navigate around this site. In the Resources section and in the Family Courts tab you will find lots of details on court processes and videos about courtrooms and what Judges do.
The problem is not so much that the correct laws to punish controlling behaviour do not exist, rather it is one of getting the authorities (Police, CPS, Judiciary) to fully understand the dynamics of controlling behaviour and to use the laws we have. We need people in the UK to continue to campaign for even more funds (and policy changes) and training to be directed into both the Family Law system and the domestic abuse arena in general, by central government. You can read why here. Please give thought to becoming a campaigner. See the Resources section and visit 50:50 Parliament or contact your local political 'Association' office and get involved.
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Notes and Disclaimer:
Nothing on this site, on any page, should be taken as legal advice - you should always seek the services of a legal professional. Likewise, nothing on this site should be construed as medical advice. The services of a medical professional or mental health professional should be sought if needed.
All information is provided in good faith to educate the general public, victims and survivors about abuse, and specifically, post-relationship control. Please be aware that some of the content of this site may 'trigger' .
*The British Crime Survey shows Domestic Abuse to be a gendered issue, however no offence is intended and it is accepted that men may be affected and there may be people of other gender identities to whom this information may apply. Abuse can happen to - and be perpetrated by - anyone, from any sector of the socioeconomic scale.
** It is recognised that Coercive Control can happen in an intimate or familial relationship .
Nothing on this site, on any page, should be taken as legal advice - you should always seek the services of a legal professional. Likewise, nothing on this site should be construed as medical advice. The services of a medical professional or mental health professional should be sought if needed.
All information is provided in good faith to educate the general public, victims and survivors about abuse, and specifically, post-relationship control. Please be aware that some of the content of this site may 'trigger' .
*The British Crime Survey shows Domestic Abuse to be a gendered issue, however no offence is intended and it is accepted that men may be affected and there may be people of other gender identities to whom this information may apply. Abuse can happen to - and be perpetrated by - anyone, from any sector of the socioeconomic scale.
** It is recognised that Coercive Control can happen in an intimate or familial relationship .