Post-Separation Abuse: Understanding the Law and Your Rights

What Is Post-Separation Abuse?

Post-separation abuse refers to patterns of abusive behaviour that continue—or even begin—after a relationship has ended. These harmful acts can include emotional, financial, physical, and psychological abuse, such as harassment, stalking, and manipulation. Crucially, in April 2023, amendments to the Serious Crimes Act (2015) clarified that coercive and controlling behaviour (including post-separation abuse) is a criminal offence.

Key Points

  • Abuse can persist long after a breakup or divorce.
  • Physical distance often leads to increased emotional or financial forms of abuse.
  • Some abusers initiate these behaviours only after a relationship ends.

Why Is It So Harmful?

Lingering Effects
Post-separation abuse can inflict significant emotional damage, affecting mental health and potentially leading to depression, anxiety, PTSD, or long-term trust issues. For couples with children, the situation becomes even more complicated, as perpetrators may use the children as a means to continue exerting control.

Cycle of Abuse
Post-separation abuse often follows a cyclical pattern:

  1. Tension Building – The abuser becomes resentful over the end of the relationship.
  2. Abuse – They lash out using various tactics to cause pain (harassment, threats, stalking).
  3. Reconciliation – Attempts at smoothing things over.
  4. Calm – Abusive behaviour temporarily subsides before the cycle restarts.

Is Post-Separation Abuse a Crime?

Yes. Post-separation abuse is covered under coercive or controlling behaviour, which is recognised as a criminal offence under the Serious Crimes Act (2015). Offenders can be sentenced to a maximum of five years in prison, issued a fine, or both.

Possible Forms of Abuse

  • Financial – Withholding child maintenance, running up joint debts, or dragging the survivor into court to cause financial strain.
  • Emotional – Sending abusive messages or emails, spreading harmful lies, or prolonged harassment.
  • Physical – Stalking or direct harm; though less common, it remains a real threat.
  • Legal – Misuse of the legal system to create stress, for instance by ignoring court orders or repeatedly contesting child arrangements.

How Can You Cope?

1. Seek Help

  • Professional Support – Engage a counsellor, therapist, or domestic abuse support service.
  • Legal Advice – A solicitor specialising in domestic abuse can advise you on protective orders (e.g., Non-Molestation Orders) or how to manage court hearings.

2. Secure Communication

  • Technology Check – Change email addresses, block numbers, and ensure your social media privacy settings are robust.
  • Support System – Build a reliable network of friends, family, or support groups to lessen isolation.

3. Boundaries & Documentation

  • Stay Vigilant – Keep a record of all incidents and communications.
  • Set Clear Boundaries – Only communicate through safe channels if you must remain in contact, for example about children.

Will It Stop?

For some survivors, post-separation abuse eases over time—perhaps if the abuser forms a new relationship or loses interest. However, there is no certainty it will end by itself. An abuser may consistently seek to control their former partner, especially if they share children. Practical measures, a strong support network, and legal guidance are critical for ongoing safety and peace of mind.

Charities and Organisations That Can Help

  • Immediate Danger – Call 999
  • National Domestic Violence Helpline – 0808 2000 247 (24 hours)
  • Women’s Aidwww.womensaid.org.uk
  • Local Services – Your GP, local council, or dedicated domestic abuse agencies can provide confidential support.

How HM & Co. Solicitors Can Support You

If you’re experiencing post-separation abuse, our experienced team at HM & Co. Solicitors is here to offer empathetic advice and robust legal representation. Whether you need help with legal orders, financial arrangements, or child arrangements, we aim to empower you to regain control and safeguard your wellbeing.

Contact HM & Co. Solicitors

We’re dedicated to ensuring your safety and will work tirelessly to protect your rights and those of your children. Feel free to call or email us to learn how we can help you move forward with renewed confidence.

Your Questions, Answered

FAQs

Domestic Abuse FAQs

1. What counts as domestic abuse?

Domestic abuse takes many forms beyond physical violence. It can include emotional, financial, sexual, psychological, or controlling and coercive behaviour. If you feel unsafe or threatened by a partner (or ex-partner), you could be experiencing domestic abuse.

2. I’m experiencing domestic abuse – what should I do first?

If you feel in immediate danger, call 999 right away. You can also reach out to the National Domestic Violence Helpline on 0808 2000 247, or seek advice and support from a domestic abuse solicitor who can guide you through your legal options.

 

3. What can domestic abuse solicitors do for me?

A specialist domestic abuse solicitor can:

  • Advise you on injunction orders (e.g., non-molestation and occupation orders).
  • Represent you in court if necessary.
  • Help you gather evidence and prepare applications to keep you safe.
  • Refer you to appropriate support organisations for emotional, financial, and housing assistance.

 

4. What are non-molestation and occupation orders?

 

  • Non-molestation order: Prevents an individual from using or threatening violence, contacting or harassing you, or encouraging others to do so.
  • Occupation order: States who can and cannot live in or visit a particular home. This can exclude your abuser from entering the property or being within a certain distance of it.

Both are obtained through the family court and offer legal protection for those experiencing domestic abuse.

 

5. How quickly can I get a non-molestation or occupation order?

If your situation is urgent, these orders can be applied for swiftly—sometimes without the other person even knowing about it initially (known as an ex parte application). The family court will typically schedule a hearing to decide if the order should remain in place after the abuser has had a chance to respond.

 

6. Can the police get involved if a non-molestation order is breached?

Yes. Breaching a non-molestation order is a criminal offence. If someone breaks the terms of their order, the police can arrest them, and they can be prosecuted in criminal courts.

 

7. I’m worried about leaving my home. Can I force my abuser to move out?

Occupation orders can exclude an abuser from living in or visiting the property if the court believes it’s necessary for your safety and wellbeing. A family law solicitor can help you assess whether an occupation order is suitable in your case.

 

8. Do I qualify for legal aid if I’m experiencing domestic abuse?

Some survivors of domestic abuse may be entitled to legal aid if they meet specific criteria, such as providing evidence of abuse and meeting financial eligibility requirements. HM & Co. Solicitors do not provide legal aid, but you can explore other avenues such as the Citizens Advice Bureau or check the government’s legal aid guidelines for more details.

 

9. What should I do if my friend or family member is experiencing abuse?

If someone you know is in immediate danger, encourage them to call 999 or do it on their behalf. Advise them of the National Domestic Violence Helpline on 0808 2000 247 and suggest they speak to a solicitor about options such as injunction orders. Emotional support and practical help (e.g., providing a safe place to stay) are also essential.

 

10. Where else can I find help or resources on domestic abuse?

 

  • National Domestic Violence Helpline (0808 2000 247)
  • Women’s Aid (local support services)
  • Mankind Initiative (male victims, 01823 334244)
  • Galop (LGBTQ+ support, 0800 999 5428)
  • Refuge (0808 2000 247)
  • NSPCC (child safety, 0808 800 5000)

Contact HM & Co. Solicitors

If you need professional legal assistance, don’t hesitate to reach out:

Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com

Our specialist team at HM & Co. Solicitors is here to help you stay safe, protect your rights, and navigate any legal challenges related to domestic abuse. Please get in touch with us for personalised advice or representation.

<< 1 >>


Services

Our Family Services

Testimonials

What Our Clients Are Saying

Get Started with Confidence

Book Appointment

January 2025
Mon
Tue
Wed
Thu
Fri
30
31
1
2
3
6
7
8
9
10
13
14
15
16
17
20
21
22
23
24
27
28
29
30
31
Insights & Advice

Latest Blog Posts