Your Legal Rights as a Victim of Domestic Abuse
The Domestic Abuse Act 2021, the Victims’ Code, protective orders, police duties, legal aid, court support and the criminal justice process — for England and Wales, with the North Wales position on DAPOs set out separately.
If you are in immediate danger
Call 999. If you cannot speak, press 55 — the Silent Solution. The operator will know you need help and will send police.
Wales: Live Fear Free 0808 80 10 800, free and 24/7. England: National DA Helpline 0808 2000 247, free and 24/7.
Domestic Abuse Act 2021
The most significant change to domestic abuse law in decades — applies across England and Wales
Key provisions
- Statutory definition — covers physical, sexual, violent, threatening, controlling, coercive, economic, psychological and emotional abuse between people aged 16+ who are personally connected
- Children as victims — a child who sees, hears or experiences the effects of abuse, and is related to the victim or perpetrator, is a victim in their own right
- Non-fatal strangulation — a specific offence since June 2022, carrying up to 5 years’ imprisonment. It no longer has to leave a visible injury to be prosecuted
- Threatening to share intimate images — a criminal offence
- Prohibition on cross-examination — victims and perpetrators cannot cross-examine each other in family proceedings; the court appoints an advocate instead
- “Rough sex” defence removed — consent is not a defence to serious harm or death
- Domestic Abuse Commissioner — an independent statutory role overseeing the response
The Victims’ Code
Twelve rights you are entitled to from the moment you report
The Code of Practice for Victims of Crime sets out the minimum standard of service every victim should receive from criminal justice agencies. These are entitlements, not courtesies — and if they are not met, that is a basis for complaint.
Rights 1–6
- To be able to understand and to be understood
- To have the details of the crime recorded without unjustified delay
- To be provided with information when reporting the crime
- To be referred to victim support services
- To be provided with information about compensation
- To be given information about the investigation and prosecution
Rights 7–12
- To make a Victim Personal Statement
- To be given information about the trial and your role as a witness
- To be given information about the outcome of the case and any appeals
- To be paid expenses and have property returned
- To be given information about the offender following a conviction
- To make a complaint about your rights not being met
Protective orders
Several different orders exist, and which one fits depends on your circumstances and where you live. You can apply for most of them yourself, and free help is available.
| Order | What it does | How to apply |
|---|---|---|
| Non-Molestation Order | Prevents the abuser contacting, threatening, harassing or coming near you. Breach is a criminal offence carrying up to 5 years. | Form FL401 to the family court. Can be made without notice in urgent cases, sometimes the same day. |
| Occupation Order | Regulates who can live in the family home, and can exclude the abuser or allow you back in. | Also Form FL401. Often applied for alongside a Non-Molestation Order. |
| Restraining Order | Made by a criminal court following conviction — and, in some circumstances, following acquittal. Prevents contact for a specified period. | Made by the court. Ask the CPS or officer in the case to apply for one. |
| Stalking Protection Order | Addresses stalking behaviour, and can impose positive requirements as well as prohibitions. | Applied for by the police. Ask them to consider one. |
| DVPN / DVPO | Short-term police-led protection giving immediate breathing space, typically up to 28 days. | Issued by police. Remains available in areas outside the DAPO pilot. |
| DAPN / DAPO | New orders combining prohibitions and positive requirements, available through criminal, civil and family courts. Breach is a criminal offence. | Pilot areas only — see below. |
Domestic Abuse Protection Orders are not yet available everywhere
DAPOs and DAPNs were introduced by Part 3 of the Domestic Abuse Act 2021 but are still being piloted, not rolled out nationally. The perpetrator must live in a pilot area for one to be available.
- North Wales is a pilot area — it joined on 28 April 2025. If you are in Wrexham, Flintshire, Denbighshire, Conwy, Gwynedd or Anglesey, a DAPO may be available to you
- Other pilot areas: Greater Manchester, the London boroughs of Croydon, Bromley and Sutton, Cleveland, and British Transport Police
- Shropshire and Telford are not pilot areas. If you are on the English side of the border, Non-Molestation and Occupation Orders remain your routes
- A DAPO can last from 28 days with no upper limit specified in the order, and can include positive requirements such as attending a behaviour change programme
- You, the police, or a third party such as a social worker can apply. Family court applications use form DA1
- Non-Molestation Orders, Occupation Orders, Restraining Orders and Stalking Protection Orders all remain available everywhere and are unaffected
NCDV
0800 970 2070Free, fast emergency injunction service. Helps you obtain a Non-Molestation or Occupation Order, usually within 24 hours, regardless of your finances. Text NCDV to 60777.
Rights of Women
020 7251 6577Free family law advice line for women. Restricted hours — check the website before calling. Immigration and asylum: 020 7490 7689.
Live Fear Free
Wales. Free, 24/7, Welsh or English. Can advise on orders, refuge and local specialist support. Text 07860 077333.
Police duties & what should happen
What you are entitled to expect when you report
What police must do
- Record the report without unjustified delay, and give you a crime reference number
- Complete a DASH risk assessment and act on the risk level identified
- Consider arrest where there is evidence of an offence — positive action is the expectation
- Refer high-risk cases to MARAC, the multi-agency risk conference
- Consider protective measures — bail conditions, DVPN, or a DAPN in pilot areas
- Conduct a welfare check on any children present, and make a safeguarding referral
- Notify the child’s school through Operation Encompass, where the force participates
- Refer you to victim support services, and tell you about an IDVA
Your rights during the process
- To have a supporter with you when giving a statement
- To request an officer of a particular sex
- To an ABE interview — Achieving Best Evidence — recorded on video, which can be played as your evidence in chief
- To special measures in court: screens, video link, evidence in private, removal of wigs and gowns
- To make a Victim Personal Statement setting out the impact on you
- To an interpreter, or communication support, at no cost
- To request a review if the CPS decides not to charge — the Victims’ Right to Review scheme
The Domestic Violence Disclosure Scheme
Clare’s Law lets you ask police whether a current or former partner has a history of abusive offending. It has two routes, and it applies across England and Wales.
Right to Ask
You, or someone concerned about you, can ask the police to check a partner’s history. Apply online through your police force, at a station, or by calling 101.
Right to Know
Police can proactively disclose information where they believe someone is at risk, even if no request has been made.
- Disclosure is made only where it is lawful, necessary and proportionate — you may not be told everything
- A “no disclosure” outcome does not mean there is nothing to worry about. It may simply mean nothing was recorded
- Trust what you are experiencing. The scheme is one source of information, not a verdict on your safety
Legal aid & getting representation
What is available, and how to evidence it
What legal aid may cover
- Non-Molestation and Occupation Order applications
- Child arrangements proceedings where domestic abuse is a factor
- Care proceedings — non-means, non-merits tested for parents
- Some immigration matters where domestic abuse is involved
- Means and merits tests apply to most family matters, but evidence of domestic abuse can bring you within scope
Evidencing domestic abuse
- A letter from a health professional confirming injuries or symptoms consistent with abuse
- A letter from a domestic abuse support service or refuge
- A police caution, charge, conviction or ongoing proceedings
- An existing protective order or undertaking
- A letter from social services, or evidence of a child protection plan
- Evidence of financial abuse
- Domestic abuse evidence requirements have no time limit
Support through the court process
IDVAs and ISVAs
An Independent Domestic Violence Advisor is a specialist who supports you through the criminal justice process and safety planning. An ISVA does the same for sexual violence. Both are free.
- Independent of the police and courts — they work for you
- Attend court with you, and explain what is happening at each stage
- Help with safety planning, housing and applications for orders
- Ask the police, your GP, or a local DA service for a referral. In Wales, Live Fear Free can find your local service
Special measures
Under the Domestic Abuse Act 2021, victims of domestic abuse are automatically eligible for special measures in criminal proceedings, and the family court can direct them too. Ask early — do not wait to be offered.
- Screens so you cannot see the defendant
- Giving evidence by live video link from another room
- Pre-recorded ABE interview used as evidence in chief
- Separate waiting areas and staggered arrival times
- Removal of wigs and gowns
- An intermediary if you have communication needs — including where you are neurodivergent
- The perpetrator cannot cross-examine you directly in family proceedings
Victim Support
0808 168 9111Free, 24/7, independent support through the criminal justice system. You do not need to have reported to get help.
Rape Crisis
The 24/7 Rape and Sexual Abuse Support Line, for anyone affected by rape or sexual abuse at any point in their life.
Galop
National helpline for LGBTQIA+ victims and survivors, including support through police and court processes.
Criminal offences you may not know exist
Domestic abuse is not one offence. Behaviour that feels impossible to describe may already be a specific crime.
Controlling or coercive behaviour
Section 76, Serious Crime Act 2015. Repeated or continuous behaviour that has a serious effect on the victim. The Domestic Abuse Act 2021 removed the requirement that the parties live together, so it now covers post-separation coercive control.
Non-fatal strangulation
Section 70, Domestic Abuse Act 2021, in force since June 2022. Up to 5 years. No visible injury is required.
Stalking and harassment
Protection from Harassment Act 1997, as amended. Covers a course of conduct, monitoring, and unwanted contact — including online.
Sharing or threatening to share intimate images
“Revenge porn” and the threat to share are both offences. Report to police, and to the Revenge Porn Helpline for help getting content removed.
Forced marriage and FGM
Both criminal offences. Forced Marriage Protection Orders and FGM Protection Orders are available. Karma Nirvana: 0800 5999 247.
Breach of a protective order
Breach of a Non-Molestation Order, Restraining Order or DAPO is a criminal offence in itself. Report every breach, however minor it seems — the pattern matters.
More from this hub
Comprehensive UK DA Protection Guide →
All protective orders, court support measures and specialist services in one document.
Police Misconduct & Victim Blaming →
What to do when the police response fails you, and how to complain and escalate.
Am I Being Abused? →
A private five-minute self-assessment. Nothing leaves your device.
Children & Young People →
Court forms, Cafcass and Cafcass Cymru, safeguarding and local referral routes.
Safety Planning →
Digital safety, evidence gathering, and the Plan · Document · Exit · Stabilise framework.
Helplines & Ways to Report →
Full directory, housing rights, immigration support and specialist services.
Financial Abuse →
Economic control, the Banking Protocol, benefits and Surviving Economic Abuse.
Therapy & Recovery →
Trauma-informed therapy, support groups and the Freedom Programme.
For Professionals →
Referral pathways, MARAC, DASH and statutory guidance for multi-agency working.
General information only. This page does not constitute legal advice and does not replace advice specific to your circumstances. Law and guidance change — check the review date above and verify anything you intend to rely on. Survivor-led · trauma-informed · evidence-informed. Last reviewed 13 August 2026.
