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Which country's law applies to you?
In plain English
The UK is not one legal system. England & Wales, Scotland and Northern Ireland each have their own Acts, their own courts and their own names for the same protections.
Getting this right matters. Asking a Scottish sheriff for a "non-molestation order" or quoting s.76 of the Serious Crime Act 2015 in Belfast will not work — those are England & Wales tools. Choose your country below and the guidance on this site will match it.
Step 0 — where you live
Which country's law applies to you?
The UK has three separate legal systems. The Acts, the courts, the helplines and even the names of the orders are different in each one. Pick yours and every page will show the law that actually applies to you.
Not sure, or you've moved recently? Use the country where you are living now, and see the full side-by-side comparison.
Your selection: England & Wales
Anywhere in England or Wales (including London, Cardiff, Manchester, Swansea).
Who you deal with in England & Wales
- Police
- Your local Home Office police force (e.g. Metropolitan Police, South Wales Police). 999 emergency, 101 non-emergency.
- Who prosecutes
- The Crown Prosecution Service (CPS) decides whether to charge, using the Code for Crown Prosecutors.
- Family court
- The Family Court (sitting in a Family Court hearing centre). Rules: Family Procedure Rules 2010, including Practice Direction 12J on domestic abuse.
- Children's service
- Cafcass (Children and Family Court Advisory and Support Service), or Cafcass Cymru in Wales.
- Legal aid
- Legal Aid Agency
- Checking a partner's history
- Clare's Law — the Domestic Violence Disclosure Scheme, put on a statutory guidance footing by s.77 Domestic Abuse Act 2021.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Side-by-side: how the three systems differ
The exact law, in full. You don't need to read this to use the page above.
Protective orders
England & Wales
Non-molestation order and occupation order under Part IV of the Family Law Act 1996. Breaching a non-molestation order is a criminal offence (s.42A). Domestic Abuse Protection Orders under the Domestic Abuse Act 2021 are being rolled out in stages.
Scotland
There is no non-molestation order in Scotland. You apply to the Sheriff Court for an interdict, and ask for a power of arrest under the Protection from Abuse (Scotland) Act 2001. For the family home, use an exclusion order or matrimonial interdict under the Matrimonial Homes (Family Protection) (Scotland) Act 1981.
Northern Ireland
Non-molestation orders and occupation orders come from the Family Homes and Domestic Violence (Northern Ireland) Order 1998, not the Family Law Act 1996. Breach of a non-molestation order is a criminal offence.
Coercive control offence
England & Wales
s.76 Serious Crime Act 2015 — controlling or coercive behaviour in an intimate or family relationship. Maximum 5 years. You must show a repeated pattern with a serious effect on you.
Scotland
s.1 Domestic Abuse (Scotland) Act 2018 — a single offence covering a course of abusive behaviour towards a partner or ex-partner, expressly including coercive control and psychological abuse. Maximum 14 years on indictment. Do not cite s.76 of the Serious Crime Act 2015 in Scotland: it does not apply.
Northern Ireland
s.1 Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 — a course of abusive behaviour including coercive control, maximum 14 years. s.76 Serious Crime Act 2015 does not apply in Northern Ireland.
Stalking and harassment
England & Wales
Protection from Harassment Act 1997: harassment (s.2), stalking (s.2A), and the aggravated offences at s.4/s.4A. Stalking Protection Orders come from the Stalking Protection Act 2019.
Scotland
Stalking is prosecuted under s.39 Criminal Justice and Licensing (Scotland) Act 2010, and threatening or abusive behaviour under s.38. The criminal parts of the Protection from Harassment Act 1997 do not extend to Scotland, though you can still seek a civil non-harassment order.
Northern Ireland
Stalking is prosecuted under the Protection from Stalking Act (Northern Ireland) 2022, which also created Stalking Protection Orders. Harassment offences sit in the Protection from Harassment (Northern Ireland) Order 1997.
Who decides to prosecute
England & Wales
The Crown Prosecution Service (CPS) applies the two-stage Full Code Test: enough evidence for a realistic prospect of conviction, and prosecution in the public interest.
Scotland
The police report to the procurator fiscal. COPFS decides whether to prosecute and in which court (Justice of the Peace, Sheriff, or High Court). Language differs too: you may hear 'accused', 'petition' and 'not proven'.
Northern Ireland
The Public Prosecution Service for Northern Ireland (PPS) makes the charging decision using its own Test for Prosecution.
Children and family proceedings
England & Wales
Children Act 1989 child arrangements orders, with Cafcass (or Cafcass Cymru) safeguarding checks. Practice Direction 12J governs how the Family Court handles domestic abuse allegations, including fact-finding hearings.
Scotland
Children (Scotland) Acts 1995 and 2020 — contact and residence orders in the Sheriff Court, plus the separate Children's Hearings System where a child may need compulsory measures of supervision. There is no Cafcass; a child welfare reporter may be appointed.
Northern Ireland
Children (Northern Ireland) Order 1995 — contact and residence orders. Court Children's Officers and NIGALA take the role Cafcass has in England & Wales.
Legal aid
England & Wales
Legal Aid Agency. Civil legal aid for domestic abuse is means and merits tested, and you usually need evidence of abuse (a protective order, police or medical evidence, refuge letter and so on).
Scotland
The Scottish Legal Aid Board runs a separate scheme, including advice and assistance and civil legal aid. The tests and evidence requirements are not the same as England & Wales.
Northern Ireland
The Legal Services Agency Northern Ireland runs legal aid there under its own rules.
Asking about a partner's history
England & Wales
Clare's Law — the Domestic Violence Disclosure Scheme, with statutory guidance under s.77 Domestic Abuse Act 2021. Sarah's Law is the Child Sex Offender Disclosure Scheme.
Scotland
The Disclosure Scheme for Domestic Abuse in Scotland (DSDAS), run by Police Scotland. Same idea, different scheme and forms.
Northern Ireland
The Domestic Violence and Abuse Disclosure Scheme (DVADS), run by PSNI.
Core legislation by country
The cornerstone statutes for each system, with links to the official text on legislation.gov.uk.
England & Wales
- Domestic Abuse Act 2021
Statutory definition of domestic abuse (s.1), children recognised as victims in their own right (s.3), Domestic Abuse Protection Notices and Orders (Part 3), and a ban on an alleged abuser cross-examining you in person in the family court (s.65).
- Serious Crime Act 2015, s.76
The criminal offence of controlling or coercive behaviour in an intimate or family relationship. Maximum 5 years. Extended to former partners who no longer live together by s.68 Domestic Abuse Act 2021.
- Family Law Act 1996, Part IV
Non-molestation orders (s.42) and occupation orders (s.33). Breaching a non-molestation order is a criminal offence under s.42A, up to 5 years.
- Protection from Harassment Act 1997
Harassment (s.2), stalking (s.2A), fear of violence (s.4/s.4A), and restraining orders on conviction (s.5) or even acquittal (s.5A).
- Stalking Protection Act 2019
Stalking Protection Orders, applied for by the police, available before any conviction.
- Children Act 1989
Child arrangements orders, prohibited steps and specific issue orders (s.8), and care/supervision proceedings (s.31).
Scotland
- Domestic Abuse (Scotland) Act 2018
One offence covering a course of abusive behaviour towards a partner or ex-partner (s.1). It expressly includes psychological abuse and coercive control — no physical violence is needed. Maximum 14 years on indictment. s.5 adds an aggravation where a child is involved.
- Protection from Abuse (Scotland) Act 2001
Allows a civil interdict to be given a power of arrest, so police can arrest immediately if it is breached. This is Scotland's route rather than a non-molestation order.
- Matrimonial Homes (Family Protection) (Scotland) Act 1981
Occupancy rights, exclusion orders and matrimonial interdicts — the Scottish equivalent of an occupation order for the family home.
- Criminal Justice and Licensing (Scotland) Act 2010, ss.38–39
s.39 is the criminal offence of stalking; s.38 covers threatening or abusive behaviour. The English harassment and stalking offences in the Protection from Harassment Act 1997 do NOT apply in Scotland — but its civil non-harassment order provisions (s.8/s.8A) do.
- Domestic Abuse (Protection) (Scotland) Act 2021
Creates police-issued Domestic Abuse Protection Notices and court-made Domestic Abuse Protection Orders that can remove a suspected abuser from the home. Being brought into force in stages — check with Police Scotland or a solicitor whether it is available in your area yet.
- Children (Scotland) Act 1995 and Children (Scotland) Act 2020
Parental responsibilities and rights, contact and residence orders, and the duty to take account of the child's views. The 2020 Act strengthens protection where there is domestic abuse.
Northern Ireland
- Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021
Creates the domestic abuse offence covering a course of abusive behaviour, including coercive control and psychological abuse, with a maximum of 14 years. Adds an aggravation where a child is involved and bans an alleged abuser from personally cross-examining you in family proceedings.
- Family Homes and Domestic Violence (Northern Ireland) Order 1998
Non-molestation orders and occupation orders for Northern Ireland. This is the NI equivalent of Part IV of the Family Law Act 1996.
- Protection from Harassment (Northern Ireland) Order 1997
Harassment offences, putting a person in fear of violence, and restraining orders.
- Protection from Stalking Act (Northern Ireland) 2022
A specific stalking offence for Northern Ireland, plus Stalking Protection Orders that PSNI can apply for before any conviction.
- Children (Northern Ireland) Order 1995
Contact orders, residence orders, prohibited steps and specific issue orders, and care proceedings. The NI equivalent of the Children Act 1989.