LAWS TO TACKLE ABUSE
______________
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 Domestic Abuse Act 2021
England & Wales
The Domestic Abuse Bill has now passed through both Houses of Parliament and was signed into law on 29 April, 2021
It is now known as the Domestic Abuse Act. This Act sits alongside the current Coercive Control law (2015) and strengthens measures to tackle perpetrators.
The new legislation will:
- create a statutory definition of domestic abuse, emphasising that domestic abuse is not just physical violence, but can also be emotional, coercive or controlling, and economic abuse. As part of this definition, children will be explicitly recognised as victims if they see, hear or otherwise experience the effects of abuse;
- create a new offence of non-fatal strangulation;
- extending the controlling or coercive behaviour offence to cover post-separation abuse;
- extend the ‘revenge porn’ offence to cover the threat to disclose intimate images with the intention to cause distress;
- clarify the law to further deter claims of “rough sex gone wrong” in cases involving death or serious injury;
- create a statutory presumption that victims of domestic abuse are eligible for special measures in the criminal, civil and family courts (for example, to enable them to give evidence via a video link);
- establish in law the Domestic Abuse Commissioner (Nicole Jacobs - Twitter @commissionerDA) to stand up for victims and survivors, raise public awareness, monitor the response of local authorities, the justice system and other statutory agencies and hold them to account in tackling domestic abuse;
- place a duty on local authorities in England to provide support to victims of domestic abuse and their children in refuges and other safe accommodation;
- provide that all eligible homeless victims of domestic abuse automatically have ‘priority need’ for homelessness assistance;
- place the guidance supporting the Domestic Violence Disclosure Scheme (“Clare’s law”) on a statutory footing;
- ensure that when local authorities rehouse victims of domestic abuse, they do not lose a secure lifetime or assured tenancy;
- provide that all eligible homeless victims of domestic abuse automatically have ‘priority need’ for homelessness assistance;
- stop vexatious family proceedings that can further traumatise victims by clarifying the circumstances in which a court may make a barring order under section 91(14) of the Children Act 1989;
- prohibit GPs and other health professionals from charging a victim of domestic abuse for a letter to support an application for legal aid
- prohibit perpetrators of abuse from cross-examining their victims in person in family and civil courts in England and Wales;
- bring the case of R vs Brown into legislation, invalidating any courtroom defence of consent where a victim suffers serious harm or is killed;
- enable domestic abuse offenders to be subject to polygraph testing as a condition of their licence following their release from custody;
- extend the extraterritorial jurisdiction of the criminal courts in England and Wales, Scotland and Northern Ireland to further violent and sexual offences;
- provide for a new Domestic Abuse Protection Notice and Domestic Abuse Protection Order, which will prevent perpetrators from contacting their victims, as well as force them to take positive steps to change their behaviour, e.g. seeking mental health support;
- Extend the extraterritorial jurisdiction of the criminal courts in England and Wales, Scotland and Northern Ireland to further violent and sexual offences;
- Introduce a statutory duty on the Secretary of State to publish a domestic abuse perpetrator strategy (to be published as part of a holistic domestic abuse strategy).
- 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.
Click on the picture at the top or the one coming up below to see the legislation in full. Please pay particular attention to the page marked Commencement as some sections do not get enacted immediately. If there is any uncertainty you can check when a particular section will be enacted by using the following contact address and numbers:
Direct Communications Unit
2 Marsham Street
London
SW1P 4DF
United Kingdom
Email: public.enquiries@homeoffice.gov.uk
Telephone: 020 7035 4848
Minicom: 020 7035 4742
Most sections will be enacted by two months following Royal Assent on 29 April 2021
The introduction of the term Economic Abuse is a great step forward for 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.
Dr Nicola Sharp-Jeffs, CEO at Surviving Economic Abuse Charity, says:
"Economic Abuse is now recognised in the Domestic Abuse Act and can be prosecuted post-separation as a form of Coercive Control. This shows what can be achieved through survivor voices - and we've only just begun."
All the new measures announced will help raise awareness about the crime of Domestic Abuse and help tackle the harm it causes. It's a fantastic step forward - but there's still work to be done. Domestic Abuse charities believe that the Bill still doesn't go far enough
As mentioned, the new legislation 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 that law next. No legislation has a retrospective effect but with these additions, if the abuse is still ongoing - which obviously is the whole nature of post separation abuse - then if you were previously dismissed by the Police when trying to use the Coercive Control law, you should approach them again. The new legislation may now include solutions for your situation.
It can take some time for all police forces to be fully up to speed on new legislation, so be sure to read it through yourself too. 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. You can also find out what proof is needed.
Also see the page on The Family Courts
All of the documents - known as overarching documents that have currently been produced in relation to this Domestic Abuse Bill and subsequent Act can be found here Current CPS Legal Guidance for Domestic Abuse is here Some of these will be updated shortly now that the new legislation is being rolled out.
Dr Nicola Sharp-Jeffs, CEO at Surviving Economic Abuse Charity, says:
"Economic Abuse is now recognised in the Domestic Abuse Act and can be prosecuted post-separation as a form of Coercive Control. This shows what can be achieved through survivor voices - and we've only just begun."
All the new measures announced will help raise awareness about the crime of Domestic Abuse and help tackle the harm it causes. It's a fantastic step forward - but there's still work to be done. Domestic Abuse charities believe that the Bill still doesn't go far enough
As mentioned, the new legislation 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 that law next. No legislation has a retrospective effect but with these additions, if the abuse is still ongoing - which obviously is the whole nature of post separation abuse - then if you were previously dismissed by the Police when trying to use the Coercive Control law, you should approach them again. The new legislation may now include solutions for your situation.
It can take some time for all police forces to be fully up to speed on new legislation, so be sure to read it through yourself too. 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. You can also find out what proof is needed.
Also see the page on The Family Courts
All of the documents - known as overarching documents that have currently been produced in relation to this Domestic Abuse Bill and subsequent Act can be found here Current CPS Legal Guidance for Domestic Abuse is here Some of these will be updated shortly now that the new legislation is being rolled out.
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:
Personally connected means:
(a)they are, or have been, married to each other;
(b)they are, or have been, civil partners of each other;
(c)they have agreed to marry one another (whether or not the agreement has been terminated);
(d)they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
(e)they are, or have been, in an intimate personal relationship with each other;
(f)they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (2));
(g)they are relatives.
(2)For the purposes of subsection (1)(f) a person has a parental relationship in relation to a child if--
(a)the person is a parent of the child, or
(b)the person has parental responsibility for the child.
(3)In this section--
You are personally connected to your abuser if you were in an intimate personal relationship with them. It is not necessary 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 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 current Statutory Guidance Framework for full details.
You can read current the Legal Guidance here
(Note 2021:This will no doubt, be updated shortly to include details of the post-separation clause. Check with The CPS and The College of Policing).
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 (i.e., 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. If you need help in this area contact FLOWS (Finding Legal Options) and read more on this in this section. The resources section contains information of LiPs
PROOF
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). 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 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, It will also help understand 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 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.*
Please note it is for the police to obtain certain information and records. You must not go snooping as it may be used against you and even result in you being charged and not the perpetrator. Be very careful.
* 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 (economic)
- and psychological abuse.
This is a link to the Current Legislation which is a part of the Serious Crime Act. The offence 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 is now extended due to the Domestic Abuse Act to include post separation abuse by a former partner if it is still ongoing. We are awaiting updated Statutory Guidance but for it to be Coercive Control, the criteria is: - The behaviour takes place repeatedly or continuously (on an ongoing basis)
- The pattern of behaviour 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.
Personally connected means:
(a)they are, or have been, married to each other;
(b)they are, or have been, civil partners of each other;
(c)they have agreed to marry one another (whether or not the agreement has been terminated);
(d)they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
(e)they are, or have been, in an intimate personal relationship with each other;
(f)they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (2));
(g)they are relatives.
(2)For the purposes of subsection (1)(f) a person has a parental relationship in relation to a child if--
(a)the person is a parent of the child, or
(b)the person has parental responsibility for the child.
(3)In this section--
- “civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;
“parental responsibility” has the same meaning as in the Children Act 1989 (see section 3 of that Act);
“relative” has the meaning given by section 63(1) of the Family Law Act 1996.
“child” means a person under the age of 18 years;
You are personally connected to your abuser if you were in an intimate personal relationship with them. It is not necessary 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 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 current Statutory Guidance Framework for full details.
You can read current the Legal Guidance here
(Note 2021:This will no doubt, be updated shortly to include details of the post-separation clause. Check with The CPS and The College of Policing).
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 (i.e., 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. If you need help in this area contact FLOWS (Finding Legal Options) and read more on this in this section. The resources section contains information of LiPs
PROOF
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). 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 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, It will also help understand 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 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.*
Please note it is for the police to obtain certain information and records. You must not go snooping as it may be used against you and even result in you being charged and not the perpetrator. Be very careful.
* 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 Statutory Guidance 2020
Click image to visit
|
Coercive Control
Click image to read more
|
Current Laws
Click image to visit CPS
|
Click to read more
|
|
There are also Protection Orders
|
|
None of this should be seen as professional legal advice
If you are being stalked you should contact the police and visit Paladin or another service for stalking as listed in the resources.
If you are being stalked you should contact the police and visit Paladin or another service for stalking as listed in the resources.
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.
|
|
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 .