What Is the Legal Definition of Domestic Abuse?
Last updated: 4 November 2026 · Written by the family law paralegal team at Court Help Limited
In short: The legal definition of domestic abuse is in section 1 of the Domestic Abuse Act 2021, fully in force in England and Wales since 1 October 2021. It covers abusive behaviour between two people aged 16 or over who are personally connected, including physical, sexual, controlling, coercive, economic and emotional abuse. One incident can be enough.
Key facts | |
|---|---|
What changed | Domestic abuse was given a definition in law for the first time, replacing a government definition that had no legal footing |
In force from | 1 October 2021 (some purposes from 5 July 2021) |
Where it applies | England and Wales |
The law | Domestic Abuse Act 2021, sections 1 and 2 (children: section 3, fully in force 31 January 2022) |
Who it affects | Anyone aged 16 or over abused by a partner, ex-partner or relative, and the courts, police and councils who deal with them |
Source checked | legislation.gov.uk and GOV.UK, 4 November 2026 |
What was the law before?
Before the Domestic Abuse Act 2021, there wasn't a single legal definition of domestic abuse. According to the Home Office's factsheet on the Act, a cross-government definition had been in use since 2012, but it had no statutory basis. So the police, councils, schools and health services were all working from guidance rather than from the law itself.
Particular kinds of behaviour were still dealt with by other laws. Non-molestation orders come from the Family Law Act 1996, and controlling or coercive behaviour has been a crime since 29 December 2015. What was missing was one shared definition that every agency had to start from.
What is the legal definition of domestic abuse now?
Section 1 of the Act says behaviour by one person towards another is domestic abuse if three things are true:
both people are aged 16 or over;
they're "personally connected" to each other (we explain this below); and
the behaviour is abusive.
The Act then sets out what "abusive" means. It's any of these:
physical or sexual abuse;
violent or threatening behaviour;
controlling or coercive behaviour;
economic abuse;
psychological, emotional or other abuse.
It doesn't matter whether it's a single incident or a course of conduct. That's a point people often miss. You don't have to wait for a pattern to build up before what's happening to you counts as domestic abuse in law.
Section 1 came into force for some purposes on 5 July 2021 and fully on 1 October 2021, under the Domestic Abuse Act 2021 (Commencement No. 2) Regulations 2021 (SI 2021/1038).
What counts as domestic abuse in practice?
The government's statutory guidance on the Act gives everyday examples. Here are the ones we hear about most often from parents in family cases.
Economic abuse
The term "economic abuse" is new to the definition. Section 1(4) describes it as behaviour that has a substantial adverse effect on someone's ability to get, use or keep money or other property, or to get goods or services. The guidance gives examples such as running up debts in the other person's name without them knowing, stopping them from earning or spending money, preventing them from claiming benefits, and refusing to make agreed payments like the mortgage or child maintenance. It also points out that economic abuse can carry on long after a couple have split up.
Emotional and psychological abuse
The guidance includes belittling or insulting someone, hostile or silent treatment, keeping them awake at night, and trying to make them doubt their own memory or sanity, which is often called gaslighting.
Controlling or coercive behaviour
Examples include monitoring someone's daily activities, cutting them off from friends and family, using the children to control them, and threatening their immigration status. We've written a separate guide on what coercive control is in UK law if you'd like more detail on this part.
Abuse through technology
The guidance also covers abuse online or through devices: spyware or tracking apps, fake accounts set up in someone's name, and sharing or threatening to share intimate images.
Who counts as "personally connected"?
Section 2 of the Act sets out who's personally connected. Two people are personally connected if they:
are, or have been, married to each other;
are, or have been, civil partners of each other;
have agreed to marry each other, even if the agreement has ended;
have entered into a civil partnership agreement, even if it has ended;
are, or have been, in an intimate personal relationship with each other;
are each a parent of, or have parental responsibility for, the same child (now or in the past); or
are relatives.
You don't need to live together. The guidance is clear that ex-partners and family members who live apart are covered. So abuse from an ex after you've separated, from an adult son or daughter, or from a brother-in-law can all fall within the definition. The guidance also warns that the time after separation can be a particularly dangerous period.
Same-sex couples are covered in exactly the same way. Our guide on domestic abuse in same-sex relationships looks at that in more depth.
What about 16 and 17 year olds, and children?
Because both people have to be 16 or over, abuse in a relationship between two 16 year olds can be domestic abuse. The guidance says abuse of anyone under 16 is treated as child abuse in law, and child safeguarding procedures apply instead. For 16 and 17 year olds, it can be both.
Section 1(5) makes clear that behaviour can be "towards" a person even when it's aimed at someone else, such as their child. Section 3 goes further: a child who sees, hears or experiences the effects of domestic abuse, and is related to either person, is treated as a victim of domestic abuse in their own right.
Does the definition create a new crime?
No. The statutory guidance says the definition doesn't create a criminal offence. The police and the Crown Prosecution Service still rely on the existing offences, such as assault, harassment, and controlling or coercive behaviour under section 76 of the Serious Crime Act 2015.
The 2021 Act did widen that offence, though. Since 5 April 2023, controlling or coercive behaviour by an ex-partner or a family member is covered whether or not you live with them. Before then, the offence only covered ex-partners and relatives if they lived together. The maximum sentence on indictment is five years in prison.
How is the definition used in the family court?
This is where it really matters for parents. Practice Direction 12J, the family court's rules on domestic abuse in children cases, uses the same meaning of domestic abuse as the 2021 Act. So when you tell the court about abuse in a children case, the court starts from the section 1 definition.
PD12J says the court must consider whether domestic abuse is raised as an issue at every stage. Where abuse is admitted or proven, any child arrangements order must protect the safety and wellbeing of the child and the parent the child lives with. If the facts are disputed, the court may hold a fact-finding hearing, often with a Scott Schedule, to decide what happened.
The definition also matters if you need protection. You might apply for a non-molestation order or an occupation order, and GOV.UK says there's no fee to apply. Our guide on how to apply for a non-molestation order takes you through it step by step. There's also a newer domestic abuse protection order (DAPO), which the Home Office says is being piloted in certain areas only. GOV.UK says you can only apply for one if the person you need protection from lives in Greater Manchester, the London boroughs of Croydon, Bromley or Sutton, Hartlepool, Middlesbrough, Redcar, Cleveland, Stockton-on-Tees or North Wales.
And if you're a victim of domestic abuse in a family case, the ban on cross-examination in person means the other side can't question you directly at a hearing if, for example, they've been convicted of, cautioned for or charged with a specified offence against you, there's a protective injunction in place, or there's specified evidence of domestic abuse. In other cases, the court can still decide to stop it.
What does this mean for you?
If you're not sure whether what's happening counts, start with the three questions in section 1. Are you both 16 or over? Are you personally connected? Is the behaviour abusive in one of the ways the Act lists? If the answer is yes to all three, it's likely to fall within the legal definition of domestic abuse, even if nobody has ever hit you.
Some practical steps that help:
Keep a simple record of dates, what happened, and any messages, emails or screenshots. For economic abuse, bank and credit records can be very useful.
If you're in immediate danger, call 999.
If you need to apply to court about the children, GOV.UK says you usually don't have to attend a MIAM first if you have evidence that you're a victim of domestic abuse. The court fee for a children application is £270, and help with fees may be available.
Legal aid can be available for family cases where you're protecting yourself or a child from abuse, or need advice on finances, children or divorce after an abusive relationship. Whether you qualify can also depend on your finances, and GOV.UK has a checker you can use.
If you need somewhere safe to stay, our guide explains what a women's refuge is and who can stay in one.
For example, say a father has separated from the mother of his children. He then finds she's run up credit card debts in his name, and she's been checking where he is through a tracking app she put on his phone. They're personally connected, because they're ex-partners and parents of the same child, and both are 16 or over. That behaviour could be economic abuse and controlling behaviour under section 1. He could keep the statements and screenshots, get advice, and raise it with the court if there's a children case. The same would apply with the roles reversed.
Frequently asked questions
Is emotional abuse domestic abuse?
Yes. Psychological and emotional abuse are listed in section 1 of the Domestic Abuse Act 2021, so they count if you're both 16 or over and personally connected.
Can domestic abuse be a single incident?
Yes. Section 1 says it doesn't matter whether the behaviour is a single incident or a course of conduct.
Can an ex-partner be guilty of domestic abuse after we've split up?
Ex-partners are personally connected under section 2, and you don't need to live together for the definition to apply. Since 5 April 2023, the controlling or coercive behaviour offence covers ex-partners too, whether or not you live together.
Does domestic abuse include family members, not just partners?
Yes. Relatives are personally connected under section 2, so abuse from a parent, adult child, brother, sister or in-law can count, as long as both people are 16 or over.
Is economic abuse the same as financial abuse?
Economic abuse is the term the Act uses, and it's a bit wider. It covers money, but also property and getting goods or services. The government's guidance mentions things like being unable to get food, clothes, transport or utilities.
Does this definition apply in Scotland?
No. Sections 1 and 2 of the Domestic Abuse Act 2021 extend to England and Wales only. Scotland and Northern Ireland have their own laws on domestic abuse.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court, but we can help you understand your options, prepare your paperwork and get ready for hearings. Email us at help@incourt.co.uk or use the contact form on our website. You can also read what our clients say in our Google reviews.
Related guides
Sources
Domestic Abuse Act 2021, section 1 (legislation.gov.uk, checked 4 November 2026)
Domestic Abuse Act 2021, section 2 (legislation.gov.uk, checked 4 November 2026)
Domestic Abuse Act 2021, section 3 (legislation.gov.uk, checked 4 November 2026)
Serious Crime Act 2015, section 76 (legislation.gov.uk, checked 4 November 2026)
Domestic abuse: statutory guidance (GOV.UK, checked 4 November 2026)
Statutory definition of domestic abuse factsheet (GOV.UK, checked 4 November 2026)
Practice Direction 12J (justice.gov.uk, checked 4 November 2026)
Get an injunction if you've been the victim of domestic abuse (GOV.UK, checked 4 November 2026)
Domestic Abuse Protection Notices and Domestic Abuse Protection Orders (GOV.UK, checked 4 November 2026)
Matrimonial and Family Proceedings Act 1984, Part 4B (legislation.gov.uk, checked 4 November 2026)
Apply for a court order about child arrangements and Legal aid (GOV.UK, checked 4 November 2026)
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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