Civil remedies

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

Victims of domestic abuse may want to consider taking action in the civil courts as well as/or instead of reporting the abuse to the police.

You will need to seek advice from a solicitor who specialises in family law in order to pursue any of these options. You may be able to find one through the Law Centres Federation or Legal Adviser Finder.

Why take civil action?

There are generally two reasons why a person who has suffered domestic abuse may want to take action against the perpetrator in the civil courts:

to obtain an injunction or order to prevent further abuse occurring
to obtain damages for any injury or loss.

What kinds of orders and injunctions are there?

There are various orders that may be sought where domestic abuse has taken place:

Non-molestation Orders: these are orders to prevent 'molestation' (violence, threats, or harassment of a person), and can prohibit molestation generally, or prohibit specific acts.
Occupation Orders: these give one person rights to occupy a family home, and restrict another's rights to live there. This may be useful if you want to get your partner to leave.
Injunctions under the Protection from Harassment Act: these protect a person from harassment by another person. They can ban a person from contacting you or going within a certain distance of your house, for example.
Injunctions to stop a tort: a tort is a civil wrong (although it may be a criminal offence as well). Torts that may be relevant to domestic violence include, assault, battery, false imprisonment, trespass to goods, and nuisance. The main purpose of proceedings for tort is to seek damages (see below), but the court can also make an injunction. The injunctions stop the tort: they can prohibit a person from assaulting or harassing you, for example.

Not all people can apply for all of these orders/injunctions. A solicitor will be able to advise you what you can apply for, and what would be the best option for you.

How do I get an order or injunction?

You will need to get advice from a solicitor who specialises in family law. The solicitor will help you to make an application to the court for an injunction. Sometimes, injunctions can be sought as a part of family law (divorce or custody) proceedings.

The judge will consider the evidence of the violence against you, and whether:

the behaviour you want to stop is unlawful
the perpetrator is likely to carry out the actions
there is a likelihood of harm to you
the behaviour can be clearly explained so the perpetrator will understand what it is they are banned from doing
the order or injunction is necessary for your protection.

Unlike in the criminal courts, the violence does not have to be proven 'beyond reasonable doubt'; the judge will just have to be satisfied that it is 'more probable than not' that the violence happened. The judge will then decide whether to make an order or injunction and, if so, what conditions to attach to it.

What happens if the perpetrator breaches the order or injunction?

In many cases, the court will attach powers of arrest to the order or injunction (although this cannot be done with injunctions to stop a tort), and the perpetrator can be arrested and charged if s/he breaches the order or injunction. In some less serious cases, you might have to apply to the court for a warrant for arrest and/or a further hearing to enforce the order if the perpetrator breaches the order or injunction. If the perpetrator is found to have breached the order then s/he can be given a prison sentence or a fine.

No arrest can be made for breach of injunction to stop a tort, but you can apply to the court for a further hearing if the perpetrator breaches the injunction, and the perpetrator can be given a prison sentence or a fine.

What are the limitations of orders and injunctions?

There are several limitations to orders and injunctions:

The court will not necessarily grant an order or injunction.
They cannot guarantee your protection.
They are time limited and may not be renewable.
The process can be costly if you are not eligible for public funding (Legal Aid).
They do not provide long-term solutions to disputes over property (although an occupation order may exclude the perpetrator from your home in the short-term).

Claims for damages

If you have been the victim of domestic abuse, you may be able to make a claim for damages for tort or for harassment. Again, you would need to seek the advice of a solicitor in order to do so. Damages can be awarded for any injury, anxiety, or financial loss you have suffered as a result of the abuse.

If the perpetrator has been prosecuted for a criminal offence, you may be able to get compensation from the Criminal Injuries Compensation Authority .