Domestic Abuse Screening Information

domestic abuse

This information is designed to help family solicitors and mediators who are not domestic abuse experts, to identify situations where clients may be suffering domestic abuse and/or violence.

This information was update in March 2023. The law or procedure may have changed since that time and members should check the up-to-date position.

The Domestic Abuse Act 2021 defines domestic abuse as abusive behaviour between two people who are both aged 16 or over and who are ‘personally connected’ to each other. The behaviour is abusive if it consists of any of the following:

(a) physical or sexual abuse;

(b) violent or threatening behaviour;

(d) economic abuse (see subsection (4));

(e) psychological, emotional or other abuse;

It does not matter whether the behaviour consists of a single incident or a course of conduct.

The definition of ‘personally connected’ is set out in section 2 of the Domestic Abuse Act 2021 and includes spouses, civil partners, partners, parents of the same child and family members.

The Domestic Abuse Act 2021 also includes children as victims of domestic abuse in section 3 where the child sees, hears, or experiences the affects of the abuse and is related to either the victim or perpetrator of abuse.

The Family Procedure Rules have adopted these definitions of domestic abuse in Practice Direction 12J which must be applied in any application dealing with where a child will live or with whom they shall have contact.

Practice Direction 12J adds the following definitions in paragraph 3:

“abandonment” refers to the practice whereby a husband, in England and Wales, deliberately abandons or “strands” his foreign national wife abroad, usually without financial resources, in order to prevent her from asserting matrimonial and/or residence rights and/or rights in relation to childcare in England and Wales. It may involve children who are either abandoned with, or separated from, their mother;

“coercive behaviour” means an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten the victim;

“controlling behaviour” means an act or pattern of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour;

There are also a large number of criminal offences that may be committed in a domestic abuse context including controlling and coercive behaviour. All our clients are potential domestic abuse sufferers. We must be aware of violence, controlling behaviour and coercive behaviour.

If they are parents, any child or children may be at risk of abuse, because they may have been caught up in, witnessed or overheard abuse happening between their parents.

Some characteristics of domestic abuse

Throughout society: Domestic abuse can occur across society regardless of age, gender, race, sexuality, wealth and geography.

Domestic abuse is prevalent: The ONS Crime Survey for England and Wales (CSEW) estimated that 2.4 million adults (1.7 million women and 699,000 men) aged 16 years and over experienced domestic abuse in the year ending March 2022. Of all crimes recorded by the police in the year ending March 2022, 17.1% were domestic abuse-related.

Under reporting: In the year ending March 2022, it is estimated only 1 in 10 victims of partner abuse had reported the abuse to the police. On average victims experience 50 incidents of abuse before getting effective help (Safelives). Victims of abuse who are from racially minoritised groups, LGBT+ groups or men are likely to have to seek help more times before they access the help they need.

Repeat victimisation: On average, it takes three years for those experiencing domestic abuse in England and Wales to access support to make them safe and well. This increases to an average of six years for victims who still live with the perpetrator as opposed to those who live separately. Victims with protected characteristics are likely to experience additional barriers to accessing support which leaves them at greater risk of experiencing domestic abuse and experiencing domestic abuse for longer (Safelives).

Domestic abuse sufferers are predominantly women: Women are much more likely than men to be the victims of high risk or severe domestic abuse: 95% of those going to Multi-agency risk assessment conference or accessing an Independent Domestic Violence Advocate service are women (Safelives). The majority of victims of domestic homicides recorded between April 2018 and March 2021 were female (72%). Perpetrators of domestic abuse are predominantly men. In 97% female domestic homicide cases, the suspect was male. In the majority (77%) of female domestic homicides the suspect was a male partner or ex-partner, whereas in the majority (62.5%) of male domestic homicides, the suspect was a male family member (ONS).

Domestic abuse of every form is harmful to children: Safelives estimate that at the time they start school, at least one child in every class will have been living with domestic abuse since they were born. Children living in a domestic abuse household will experience the abuse in a number of ways including:

Hearing the abuse from another room
Seeing someone they care about injured or managing the consequences of abuse
Finding damage to their home environment
Being hurt or caught in the middle of abuse or trying to stop the abuse
Not getting the care and support they need from their parents as a result of the abuse

Domestic abuse impacts the developmental, psychological and emotional wellbeing of children: A third (32%) of children accessing children and young people services who were living with domestic abuse reported mental health impacts. Of these, just under half (47%) have anxiety, 28% have problems sleeping, and 23% have feelings of shame or responsibility for the abuse. Contact visits were identified as an opportunity for ongoing abuse for 20% of children and young people supported by services (Safelives).

How domestic abuse might be manifested

Domestic abuse can manifest in many different behaviours. The absence of physical abuse does not mean the abuse was not high risk. Behaviours are not always easily categorised into one form of abuse or another and often overlap.

Physical or sexual abuse

Hitting, pushing, slapping, using weapons. Bruising may not always be present, particularly where it could be seen by others and may be hidden by clothing and make-up. Strangling is a particularly high risk behaviour that may not leave any visible injuries but can cause brain injury due to lack of oxygen reaching the brain. Some victims may experience abuse specific to their circumstances such as victims with disabilities being deprived of the necessary care. Sexual abuse may include violent rape as well as rape as a result of coercion, threats or manipulation, coercing someone to engage in risky sexual activity, recording sexual activity without consent or sharing recordings or photographs with others, sexually humiliating someone, controlling or refusing the use of contraception.

Violent or threatening behaviour

Can include the behaviours above but will also include threats to behave in any of these ways, shouting, swearing or behaving in an intimidating way. Damaging or threatening to damage property. Being violent towards or threatening to harm children, other family members or pets. Threatening to ‘out’ a partner who is LGBTQ+ or report a partner to authorities such as the Home Office or Children’s Services.

Controlling or coercive behaviour

A pattern of behaviour which seeks to take away the victim’s liberty and freedom. Such as disrupting their relationships with friends and family, putting them down, making them feel worthless, leading others to believe they have mental health problems, forcing someone to take part in criminal behaviour such as benefit fraud, monitoring their time and online life, tracking and stalking them. Gendered norms and stereotypes can be used to ‘normalise’ individual behaviours which, collectively, amount to controlling or coercive behaviour. For example, claims of jealousy that lead to the victim changing the way they dress and avoiding male friends or colleagues. The leading case of F v M [2021] EWFC 4 is essential reading.

Economic abuse

Is manifested not only in the control of money but also in relation to the economic means to obtain money or resources necessary to live. For example, accessing online bank accounts and moving money without consent, changing access to bank accounts, being provided with an allowance, checking receipts, preventing someone from working or behaviour that may lead to someone getting into trouble at work such as preventing access to transport or causing someone to be constantly late for work, taking out debt in someone’s name without their consent or coercing them to take out debt, coercing someone into committing economic related offences such as mortgage fraud or benefits fraud.

Psychological, emotional or other abuse

Criticism and humiliation of the victim, jealousy, gaslighting, prevention of the victim having a social or work life or contact with family. Threats to self-harm or commit suicide because of the victim, threats in relation to a victim’s immigration status, trans-national marriage abandonment. Forced marriage and female genital mutilation are likely to fall into the above categories as well as being specific forms of abuse that are more likely to be experienced by victims from Black and minoritised communities.

Specialist support

Domestic abuse support services provide life-saving support to victims of domestic abuse and are specialists in assessing risk to adult and child victims of abuse.

If your client is experiencing domestic abuse, it is vital you provide your client with information about how to access specialist services so that they can get the support they need. Specialist support may include services that specifically support survivors with different protected characteristics such as ensuring a woman from a Black or minoritised community is signposted to services that are more likely to understand her particular experiences. A list of useful contacts is set out at the end of this toolkit.

Legal aid for victims of domestic abuse

Did you know that victims of abuse can still get legal aid? Further, when seeking an injunction, the Legal Aid Agency waives all upper eligibility limits. However, a contribution may be required.

For further information about eligibility.

If you do not offer legal aid services and you think your client may qualify for legal aid, you must advise you client of the availability of legal aid. Please also consider referring to a Resolution Accredited Specialist in domestic abuse.

Confidentiality and disclosure

Solicitors have a fundamental duty to keep clients’ affairs confidential. However there are exceptional circumstances where that duty may be overridden:

You may reveal confidential information to the extent that you believe necessary to prevent the client or a third party committing a criminal act that you reasonably believe is likely to result in serious bodily harm.

You should consider revealing confidential information to an appropriate authority where a client discloses abuse either by himself or herself or by another adult against a child but refuses to allow any disclosure. You must consider whether the threat to the child’s life or health, both mental and physical, is sufficiently serious to justify a breach of the duty of confidentiality.

A decision to make disclosure to a third party should not be taken lightly. Consider consulting the following:

Solicitors’ code of conduct (6.3-6.5) and guidance
SRA Professional ethics helpline: 0370 606 2577
Resolution’s Safeguarding Policy Guidelines
Your compliance officer for legal practice
A person who acts as a mentor for you.

For mediators:

A Professional Practice Consultant.
Mediation Handbook (see also the appendices relating to safeguarding)

Screening questions

Sensitivity is needed when exploring domestic abuse with clients. It may be helpful to start by explaining your responsibility to ensure safety (of the client and any child.) Clients who have suffered abuse may be wary when it comes to discussing abuse because of the potential consequences for them and any children. They may also excuse the behaviour of their abusive partner. Clients who have suffered coercive or controlling behaviour may struggle to identify their experiences as abusive.

Perpetrators of abuse may lack empathy, seek to blame their partner, minimise their partner’s feelings or attempt to paint their partner as the perpetrator. Time will be needed to explore these issues in a sensitive way.

These questions will help you to assess the reality for clients. It is not a list, or in any way exhaustive. Questions should be selected with care and should form part of a conversation with the client about ensuring their safety and that of any child.

An indication of abuse should be explored further, eg “Could you tell me a little more about that?” Clients should be given time to think through their responses.

Are you worried about how your partner will react to you getting legal advice/starting proceedings?

Would you say that you generally have a lot of arguments?

Can you tell me what usually happens when you argue?

Who would you say usually starts any argument?

What happens when your partner loses his/her temper and/or you lose your temper?

Has your partner lost their temper/shouted/been violent towards the children?

Do you think the children are scared of him/her? Do your arguments wake the children or scare them?

Have the children commented to their friends/teachers or relatives about the situation at home?

Has your partner been aggressive towards other people – or towards any family pets?

Are you or have you ever been worried about your partner’s use of alcohol or any kind of drugs?

Are you worried about your own use of alcohol or any kind of drugs?

When you and/or your partner drink alcohol does this result in arguments?

Are you worried about your or your partner’s mental or emotional health?

Do you and/or your partner [or can you recall] ever become/ing aggressive or even violent after consuming alcohol or any other substance?

How safe or afraid do you and/or your partner feel in your current relationship?

Has your partner ever threatened you with a weapon and have you ever threatened him or her with a weapon?

Has your partner threatened to harm themselves or the children?

Have you ever threatened to harm yourself or the children?

Have you or your partner ever been convicted of any criminal offence, in particular those including violence and/or drugs or alcohol?

Has/Does your partner ever access your phone or email without asking you?

Do you ever feel that you need your partner’s permission to do something?

Does your partner mind you seeing family or friends?

Does s/he ever stop you from seeing family or friends?

Do you think or suspect that your partner has ever stalked you and have you ever stalked your partner?

Who would you say manages the money/financial side of things?

Does your partner control your money in any way?

Do you ever think that your partner uses threats, to control you or to force you to do things against your wishes?

Do you ever feel that your partner humiliates or intimidates you in any way?

Useful contacts

A Resolution accredited specialist

A solicitor specialising in domestic abuse can be found from the Resolution website – consider referring to a local specialist. They may be able to offer legal aid to your client.

Specialist support services for clients

National Domestic Abuse Helpline (England) provides a 24 hour helpline offering support and advice on domestic abuse for women in England It can put women in touch with local refuges. Call 0808 2000 247.

Live Fear Free Helpline (Wales) a 24 hour helpline offering support and advice on domestic abuse, sexual violence or violence against women in Wales. Call 0808 80 10 800.

Men’s Advice Line is a helpline for male survivors of domestic abuse. Call 0808 801 0327.

24/7 Rape and Sexual Abuse Support Line provides a 24 hour helpline for anyone aged 16 or over in England and Wales who has been affected by rape, child sexual abuse, sexual assault, sexual harassment or any other form of sexual violence. Call 0808 500 2222.

National Stalking Helpline provides support and advice on stalking and harassment. Call 0808 802 0300.

Surviving Economic Abuse is the only UK charity dedicated to raising awareness of economic abuse and transforming responses to it. SEA provides information resources for women experiencing economic abuse (Tools to Thrive) and the professionals supporting them (Tools to Support). They also run a Financial Support Line with Money Advice Plus.

GALOP provides advice and support to LGBTQ+ people affected by domestic and sexual violence and hate crime. Call 020 7704 2040.

DeafHope provides a sign-language based service designed to help deaf women and children affected by domestic violence.

Imkaan is the only UK-based, umbrella women’s organisation dedicated to addressing violence against Black and Minoritised women and girls. They maintain a list of member organisations on their website.

Karma Nirvana provides a 24 hour helpline offering support and advice on forced marriage and honour based violence for women in England and Wales. Call 0808 2000 247.

Forced Marriage Unit provides support and advice to those at risk of being or who have been forced into a marriage whether in the UK or abroad. Call 020 7008 0151 or from overseas +44 (0)20 7008 0151.

Forward provides advice and information on FGM.

NSPCC provides a 24 hour helpline offering support and advice to children or adults who have concerns about children in England and Wales. Call 0800 028 3550.

Victim Support provides a network of advice and support services for victims of crime. Call 0845 30 30 900. Find your nearest service here.

Respect Phoneline is a confidential helpline, email and webchat service for domestic abuse perpetrators of domestic abuse who want to talk to someone about their behaviour. They support men and women who are using abuse in same-sex or heterosexual relationships.

Stop it Now! Helpline is a specialist helpline run by the Lucy Faithfull Foundation dedicated to preventing child sexual abuse. The helpline is available for anyone who is worried about their own behaviour or the behaviour of others. Call 0808 1000 900.