Hidden in plain sight: Recognising the less visible forms of abuse and the legal protections available

In a new documentary due to be shown on ITV tonight, Queen Camilla has reaffirmed her commitment to tackling domestic abuse, emphasising the need for open conversations to reduce the stigma.

Every year, over 2 million people in the UK experience domestic abuse. This statistic is a stark reminder of the need for accessible support, legal protections, and open information on victim’s rights. 

The Hidden Aspects of Domestic Abuse

The Domestic Abuse Act 2021 provided the first statutory definition of domestic abuse in the UK, which includes not only physical violence but also emotional, coercive and controlling behaviour, economic abuse as well as psychological and emotional harm. This broad definition acknowledges the fact that abuse can take many forms, some subtle and insidious, making it difficult for survivors to recognise and seek help.

Coercive control can be one of the less visible forms of domestic abuse, which may explain why prosecutions remain limited despite the term being defined in legislation. Coercive control involves continuous patterns of behaviour aimed to manipulate and control the way a victim acts, feels or thinks in order to dominate and control them. Perpetrators may use psychological methods which can be much harder to detect but are just as harmful. Below, are some examples of how coercive control can manifest.  

• Intimidation including verbal and/or physical threats
• Gaslighting including denial of events and persistently telling the victim they are imagining things or overreacting.  
• Humiliation for example name calling or mocking.
• Manipulation such as emotional blackmail using guilt or fear.
• Constant surveillance/tracking (online or in person).
• Isolation from friends, family or support
• Financial control including access to money, restricting employment opportunities or accumulating debt in the victim’s name. 

Feeling trapped

Even with a strong support system, victims of domestic abuse can often feel trapped in their situation due to a combination of fear, shame, and dependency. Fear of retaliation, concern for children, financial dependence and social stigma can all contribute to a sense of helplessness. The impact of domestic abuse is varied and complex and can have far-reaching psychological and physical implications for both adults and children. Leaving an abusive relationship is rarely a simple or straightforward decision and can be fraught with uncertainty.

What are the protective injunctions available?

Non-Molestation Orders

Non-molestation orders protect victims and their children from harassment, threats, or violence by a perpetrator by prohibiting certain actions such as direct contact and threats or third-party contact or threats. While “molestation” isn’t legally defined, these orders cover a wide range of behaviours, including intimidation, violence, and intrusions of personal property without permission.

These orders are specifically for applicants who are “associated” to the perpetrator (e.g. spouses, ex-spouses, partners and ex-partners who lived together, relatives, civil partners). The duration of the order is at the judge’s discretion And breaching a non-molestation order is an arrestable criminal offence.

Occupation Orders

An occupation order regulates who can live in a family home and can exclude perpetrators from the property, certain areas within it or an area around the home. These orders can also impose certain conditions to address some of the practical issues that arise, for example, who is responsible for the rent or mortgage payments and whether one person should pay rent to the other. The duration of an occupation order can vary but is typically between six-12 months.   
As with non-molestation orders, the victim must be an “associated” person to the perpetrator to apply for an occupation order. They must also meet specific criteria regarding rights to the home. The court then has a duty to consider the balance of harm on all parties if the order was made or not made as well as taking into consideration all other circumstances of the case. 

In addition to making the order, the court can also attach a power of arrest if they are satisfied that the perpetrator has used or threatened violence against the survivor or a child. This means the perpetrator can be arrested without a warrant if they breach the order. If no power of arrest is attached, the applicant can apply for a warrant if the order is violated. 

Domestic Violence Protection Notices (DVPNs) and Domestic Violence Protection Orders (DVPOs)

DVPNs are issued by the police to provide immediate, short-term protection for survivors following a domestic abuse incident, giving them 48 hours to seek further support. A DVPN can stop the perpetrator from entering the property and prohibit contact. Within this period, police can apply for a DVPO which extends these protections for 14-28 days. A breach of a DVPN will lead to an arrest and a breach of DVPO is a criminal offence which can lead to imprisonment and/or a fine.

Following the Domestic Abuse Act 2021, DVPNs and DVPOs are being replaced by Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs). DAPNs and DAPOs will aim to protect survivors from all forms of domestic abuse including non-physical abuse and coercive control as well as forcing perpetrators to seek behavioural support.

A pilot scheme for DAPNs and DAPOs is set to be launched this month (November 2024).

Restraining Orders

These are orders typically issued by criminal courts rather than the Family Court and can be used to protect victims from abuse or harassment. 

Making going to court safer for survivors of domestic abuse

In the Family Court, special measures have been extended by the Domestic Abuse Act 2021 as survivors of domestic abuse are considered “vulnerable witnesses”. Measures that the court may direct include, but are not limited to, separate waiting areas, screens and video links. The Act also prohibits a survivor being cross-examined by the perpetrator, if that perpetrator is representing themselves. 

Legal Aid 

It is also important to note that survivors of domestic abuse may be eligible for legal aid to cover the costs of legal representation and court proceedings.  You can find out more about legal aid on the GOV.UK website.

Raising awareness of support resources available

Domestic abuse is a complex issue requiring a comprehensive approach. By increasing knowledge and understanding of the hidden aspects of abuse, the feelings of entrapment and the legal rights and protections available, survivors can be better supported.

The Family and Children lawyers at Mills & Reeve are nationally recognised for supporting and providing expert advice to both female and male survivors, as well as working closely with the police, social services and independent domestic violence advocates (IDVAs) to ensure victims are supported.

We know that navigating the legal system can be daunting and many survivors choose not to involve the police. We also know that acting quickly may be necessary.

We can help by advising on:

• whether you are eligible for legal aid
• the protective injunctions that are available in the Family Court
• the impact of domestic abuse allegations in children proceedings
• immigration issues
• the crossover with any criminal proceedings

Below are links to resources you may find helpful if you or a family member are looking for advice about domestic abuse. 

Family Law Podcast (Episode 8: Domestic Abuse)

”Netflix and Chill”: How film and binge-watching can impact your understanding of domestic abuse

Women's Aid

Refuge

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