Recognising domestic abuse

Relationships should be safe spaces but where there is domestic abuse, any comfort and security is shattered.

Physical or sexual violence have long been seen as types of domestic abuse. However, there are many other forms that may be less easily recognised. Understanding the different forms of domestic abuse means that people subjected to it - and those around them – can take action to stop it.

How does the law define domestic abuse?

There are two parts to the legal definition in the Domestic Abuse Act 2021. The first covers the relationship between the people involved: they are each over the age of 16 and are personally connected to each other. ‘Personally connected’ includes being, or having been, married, in a civil partnership, engaged, or in an intimate personal relationship with each other. Relatives are also covered, as are those who each have, or have had, parental responsibility for the same child.

The second part defines ‘abuse’, as:

- physical or sexual abuse;

- violent or threatening behaviour;

- controlling or coercive behaviour;

- economic abuse; or

- psychological, emotional or other abuse.

Any of these behaviours could be a single incident, or a course of conduct (happening over a period of time). Children can be considered to be victims of domestic abuse if they witness it or experience its effects.

How to stop domestic abuse?

Although awareness of what constitutes domestic abuse is increasing, it can still be difficult for people to recognise its more subtle aspects (some of which victims may have ‘got used to’ living with). Economic abuse, for example, can include interfering with your job, or controlling the family income.  Behaviour that makes you question your judgment could be psychological abuse. Distancing you from friends and family could be coercive control.

It's important to seek help, whether on an urgent basis in situations in which you are in danger, or otherwise where you are concerned about the treatment you are being subjected to. As family law solicitors, we’re able to help you understand your situation and put in place measures to protect you.

One option is a non-molestation order. This is a type of court injunction that aims to stop a person from behaving in a particular way towards you. He or she could be prohibited from coming within a particular distance of you, for example. It is a criminal offence to breach a non-molestation order.

Another possibility is an occupation order that prevents the abuser from living in your home. It can also prevent them from entering a certain area around your home. An occupation order can be an effective way of putting distance between you and the other person while you plan your next steps. Breaching the order could lead to arrest.

The steps you may need to take – whether that’s contacting the police, a family lawyer,  support groups, or reaching out to a trusted friend - will depend on your situation. This may feel daunting and you may be unsure about the best course of action but help is available and our team is here if you need us on 01264 353411 or family@bsandi.co.uk.