October marks Domestic Violence Awareness Month, a global campaign to raise awareness of domestic abuse, challenge harmful behaviours, and provide vital support for victims and survivors. This is followed by the 16 Days of Action Against Domestic Violence (25 November - 10 December), which highlights the legal and practical measures available to protect those affected.
Against this backdrop, our Family Law team outlines the different types of domestic abuse, the protections available under English and Welsh family law, and how solicitors and support organisations can assist vulnerable individuals during and beyond these campaigns.
Understanding Domestic Abuse
The definition under English and Welsh law is found in the Domestic Abuse Act 2021:
- Encompasses physical, emotional, psychological, sexual, and economic abuse, as well as coercive and controlling or violent and threatening behaviour.
- Applies to people aged 16 and over. They must be connected to the abusive person (i.e. in both current and former intimate or family relationships).
It recognises that abuse can be complex – it may be hidden, gradual, and non-physical.
Types of Domestic Abuse
Types of abuse can include the following:
- Physical abuse is any act which causes injury to your body.
- Psychological abuse is any act which causes emotional trauma.
- Sexual abuse includes any unwanted sexual behaviour.
- Harassment is any unwanted behaviour that makes you feel unsafe and intimidated.
- Control and coercion is a pattern of assault, threats, humiliation, exploitation and intimidation to make you feel dependent on the abuser.
- Economic abuse is where an abuser limits and controls your money or family assets, leaving you with little access to independent income or resources.
- Threats include any form of threatening behaviour, verbal or non-verbal.
Legal Protections Available
Non-Molestation Orders
- A Non-Molestation Order is a court order prohibiting an abuser from using or threatening violence, harassment, or intimidation towards you or your children. It’s designed to provide personal protection from abusive behaviour.
- It can prevent someone from contacting you or coming within a certain distance of your home.
- They can apply to both in-person and online behaviour.
- To apply for a non-molestation order, form FL401 and a supporting witness statement must be completed. There are no court fees for applying.
- A solicitor can help you to make the application and represent you at court.
- Breach of a non-molestation order is a criminal offence.
Occupation Orders
- This order regulates who can live in, or be excluded from, a family home. They can be made if you own the property or if you are a tenant or joint tenant.
- An occupation order can protect you and your children by providing safe living arrangements.
- An occupation order is usually time-limited to six months, but it can be extended.
- To apply, form FL401 and a supporting witness statement must be completed.
- You can apply for both an occupation order and a non-molestation order.
- If the court is satisfied that the abuser has used or threatened violence against you or a child, a power of arrest is attached to the order. This allows the police to arrest the abuser if they breach the order.
Other Protective Measures
- Prohibited Steps Orders can be applied for in child arrangements cases. The order prevents the abuser from taking certain actions concerning your child, such as removing the child from your care or taking the child out of the country without consent.
- Domestic Abuse Protection Orders are currently being piloted in a select number of areas, one of which is Manchester. An order can prevent someone from being violent towards you or your children, threatening violence towards you or your children, communicating with you or your children, or harassing you or your children by going to certain places (e.g. your house or workplace). They can also require the abuser to report to wear an electronic tag, comply with a curfew, attend a behaviour change programme, etc. These orders can be applied for by the victims of the abuse, family members (with court permission), third-party organisations, and the Police. To apply, form DA1 and a supporting witness statement must be completed.
- Domestic Violence Protection Orders can be applied for by the Police when someone needs immediate protection from a perpetrator of domestic violence. The order prevents an ex-partner from being violent towards you, threatening violence towards you, communicating with you or harassing you by going to certain places (e.g. your house or workplace). The Police can apply for an order without the consent of the victim if they feel action is needed to protect them. The orders usually last for 28 days. The orders have powers of arrest attached to them, so the Police can arrest the perpetrator for contempt of court.
- Local authority safeguarding interventions. For example, local authorities have legal adult safeguarding duties which include making enquiries about when a concern has been raised about an adult in its area to establish whether an action should be taken to prevent or stop abuse. These duties affect other organisations such as the NHS and the police.
- Special measures in court are available to victims of domestic abuse. For example, separate waiting areas before you go into court, a screen can be placed between you and the other party during the hearing, you can ask to attend the hearing remotely such as via video link, giving evidence through an intermediary, etc.
Resources and Support
Resources and support for victims
- The National Domestic Abuse Helpline: 0808 2000 247. This is a 24/7 freephone.
- There are many local and national domestic abuse charities and refuges. For example, Women’s Aid, Refuge, Rights of Women, Respect – Men's Advice Line, ManKind Initiative, RCJ Advice Family Service, etc.
- Trafford Domestic Abuse Services (TDAS) offer support and advice to those experiencing financial abuse. They can be contacted on 0161 872 7368.
- This NHS website and gov.uk website provide advice on getting help and support for domestic violence.
- If you meet certain criteria, you may be eligible for Legal Aid to help meet the costs of legal advice, mediation and representation in court.
If you are in immediate danger, call 999 and ask for the police. If you cannot speak and are calling on a mobile, press 55 to have your call transferred to the police.
How can a solicitor help?
- Specialist family law solicitors at Myerson can provide clear advice and swift legal action to protect you and your children from domestic abuse.
- All of Myerson’s family solicitors are members of Resolution, the largest organisation of family lawyers in the UK, and are dedicated to dealing with matters in a non-confrontational and constructive way.
- Securing your safety is our top priority and our domestic abuse lawyers can advise you on the best course of action.
- We can assist you to apply for protective orders and signpost you to support services.
Contact Our Family Law Team
If you are experiencing domestic abuse or are concerned for someone you care about, our specialist Family Law team can provide confidential advice and swift legal protection.
0161 941 4000
Latest Myerson Family Law News
Myerson Solicitors Strengthens Chambers UK Rankings with Six New Recognitions in 2027 Guide
Leading independent law firm Myerson Solicitors has secured six new rankings in the Chambers and Partners UK Guide 2027, further strengthening its reputation for legal excellence and reflecting a sustained period of growth and success for the firm.
Read News
11
From Conflict to Collaboration with Marcie Shaoul
How can professionals better support separated parents to move away from conflict and towards a more constructive co-parenting relationship? The Myerson Family Law team is delighted to welcome Marcie Shaoul , founder of The Co-Parenting Method and one of the UK’s leading voices on constructive co-parenting following separation, for an engaging...
View Event
Do Grandparents Have Rights to See Their Grandchildren?
Grandparents often play a significant role in a child's life, providing emotional support and stability and, in some cases, being the child's primary caregiver. Official statistics published by the Office for National Statistics in 2021, together with more recent estimates from the Family Rights Group , suggest that around 160,000 children in...
Read Blog
Wedding Law Reform: Why the Proposed Changes Matter for Couples
The law governing weddings in England and Wales has remained largely rooted in legislation dating back to the nineteenth century. However, significant reforms may now be on the horizon. In July 2026, the government launched its consultation “ Tying the Knot: Reforming Weddings Law in England and Wales ”, proposing the most substantial overhaul...
Read Blog
The Remarriage Trap: What Every Divorced Person Should Know Before Saying “I Do” Again
For many, a second marriage is a true new beginning, a chance to improve with hindsight. Second marriages are far from uncommon. According to the Office for National Statistics (ONS) , around one in three opposite-sex marriages in England and Wales involve at least one person who has been married before. With thousands of divorced people...
Read Blog