Domestic Abuse Awareness Month

October is internationally recognised as Domestic Abuse Awareness Month. In the UK, it’s a crucial time to remind people that abuse is not just physical, survivors need support, services, and recognition.

What is Domestic Abuse?

Under the Domestic Abuse Act 2021 in England and Wales, domestic abuse includes more than just physical violence. It covers:

• Physical, sexual, emotional, or psychological abuse
• Coercive or controlling behaviour
• Economic or financial abuse
• Harassment and stalking
• Any incident or pattern of incidents, even a single incident may be sufficient

It applies to people aged 16 or over who are “personally connected” (partners, ex-partners, family members). The Act also explicitly recognises that children who see, hear, or live with domestic abuse are themselves victims.

Key UK Facts & Figures

For the year ending March 2024, it’s estimated that 8.0% of adults aged 16+ experienced domestic abuse, that’s 3.9 million people (9.5% of women and 6.5% of men).

• A domestic abuse-related call is made to the police every 30 seconds in the UK.
• In the same year, there were 108 domestic homicides in England and Wales:
  • 83 victims were women
  • 25 were men
  • 66 were killed by a partner or ex-partner

The police recorded 1,350,428 domestic abuse-related incidents, but fewer than half were recorded as crimes. Of those, relatively few led to convictions meaning many survivors never see legal consequences for their abuser.

Why Awareness Matters

• Reducing stigma: Open conversations help survivors feel less alone and encourage safe intervention from bystanders.
• Systemic change: Awareness drives better policies, funding, and training across services (police, health, social care).
• Recognition: Many people, including survivors, friends, and professionals, may not recognise non-physical abuse or coercive control.
• Access to support: Survivors may face barriers due to language, disability, immigration status, rural location, or lack of safe alternatives (housing, finances).

How Civil Courts Help Victims of Domestic Abuse in the UK

Unlike criminal proceedings (where the state prosecutes offenders), civil remedies allow survivors to apply directly to the court for protective orders, without involving the police or pressing criminal charges.
Under the Family Law Act 1996, survivors can apply for two main types of orders:

1. Non-Molestation Order

Protects against harassment, threats, or harm from a partner, ex-partner, or family member.

• Breaching this order is a criminal offence and can lead to arrest and imprisonment (up to 5 years).

2. Occupation Order

Regulates who can live in the family home. It may:

• Order the abuser to leave the home, even if they co-own it
• Allow the survivor to remain in the property
• Exclude the abuser from a specific area (e.g., 100m radius)
• Prevent the abuser from entering or attempting to re-enter the home

You don’t need to be the legal owner or tenant to apply — the court will assess your “right to occupy”.

Protecting Children: The Children Act 1989

Domestic abuse affects children directly and indirectly. The Act provides specific protections through key orders:

1. Prohibited Steps Order

Prevents a parent or guardian from taking specific actions, such as:

• Taking the child out of the country
• Changing the child’s school
• Collecting the child from school
• Contacting the child directly

Useful where an abusive parent may attempt to abduct or manipulate the child.

2. Child Arrangements Order

Determines who the child lives with, spends time with, or communicates with.

In abuse cases, the court prioritises the child’s safety and welfare.

3. Specific Issue Order

Resolves specific disputes about a child’s upbringing — e.g., counselling, religion, or medical treatment.

How Courts Consider Domestic Abuse in Children Cases

Under the Welfare Checklist in the Children Act, courts consider:

• Any harm the child has suffered or is at risk of
• The likely effect of any change in circumstances
• The child’s emotional, physical, and educational needs
• The child’s wishes and feelings, based on their level of understanding

Courts must also follow Practice Direction 12J, which requires investigation of domestic abuse allegations in all child contact cases.

Do I Need a Lawyer and How Will I Fund This?

It’s advisable to seek legal advice and guidance.

Legal Aid is widely available for domestic abuse matters, including:

• Help with completing and submitting applications
• Representation at court
• Support understanding your rights and court procedures

You’ll usually need evidence of abuse, such as:

• A police report
• Medical report
• A letter from a GP, refuge, social worker, or domestic abuse charity

At Biscoes, we have a specialist team of family lawyers experienced in supporting survivors of domestic abuse. We offer Legal Aid to eligible clients to assist with funding these proceedings. If you or someone you know needs legal advice, please contact our team on 023 9266 0261.

Other Support Services for Victims

Stop Domestic Abuse – 0330 053 3630
National Domestic Abuse Helpline (Refuge) – 0808 2000 247
Men’s Advice Line – Support for male victims – 0808 801 0327
Respect Men’s Helpline – For those worried they may harm someone – 0808 802 4040