## Introduction

There is no single offence called “domestic violence” in England and Wales. Instead, behaviour within a domestic context can be charged under a range of offences, from common assault to rape, stalking, controlling or coercive behaviour, and breaches of protective orders. The Domestic Abuse Act 2021 sets out what counts as domestic abuse and, importantly for sentencing, the domestic context almost always makes matters more serious.

This guide explains how courts approach sentencing where the behaviour is domestic, the offences most often charged, typical guideline ranges, and the civil orders that can be made even without a conviction.

## What You'll Learn

- What “domestic abuse” means under the Domestic Abuse Act 2021
- Which offences are typically used in domestic cases
- How courts assess harm and culpability, and why a domestic context increases seriousness
- Aggravating and mitigating factors that influence sentence length
- Typical sentencing ranges for selected offences (e.g. common assault, ABH, rape, controlling or coercive behaviour, breaches)
- When out-of-court disposals might be offered and why they are less common
- Protective orders without a conviction, including DVPNs/DVPOs and restraining orders
- The effect of an early guilty plea on sentence

## Core Concepts

### What counts as domestic abuse and which offences apply

The Domestic Abuse Act 2021 defines domestic abuse as abusive behaviour by a person aged 16 or over towards another person aged 16 or over to whom they are personally connected (such as intimate partners, ex-partners, or certain family members).

Abusive behaviour includes:

- Physical or sexual abuse
- Violent or threatening behaviour
- Controlling or coercive behaviour
- Economic abuse (e.g. interference with money, property, or goods)
- Psychological, emotional or other abuse

Domestic abuse is not a single criminal offence. The behaviour is prosecuted under a range of offences, for example:

- Offences against the person: common assault (s.39 Criminal Justice Act 1988), assault occasioning actual bodily harm (ABH, s.47 Offences Against the Person Act 1861), intentional strangulation (s.75A Serious Crime Act 2015)
- Sexual offences: sexual assault, rape (Sexual Offences Act 2003)
- Stalking and harassment (Protection from Harassment Act 1997)
- Controlling or coercive behaviour in an intimate or family relationship (s.76 Serious Crime Act 2015)
- Breach of protective orders: breach of a non-molestation order (s.42A Family Law Act 1996), breach of a restraining order (Protection from Harassment Act 1997)

Sentences for these offences vary widely. However, where the behaviour is domestic, the Sentencing Council makes clear this normally increases seriousness.

### How sentencing works: harm, culpability, and the domestic aggravating factor

Courts follow Sentencing Council guidelines. Broadly, they:

1. Decide the offence category based on harm and culpability
2. Select a starting point within a range
3. Adjust for aggravating and mitigating factors
4. Apply credit for an early guilty plea (up to one-third reduction if indicated and entered at the first reasonable opportunity)
5. Consider ancillary orders (such as restraining orders)

Domestic abuse is treated as an aggravating feature because:

- There is an abuse of the trust and security expected within intimate or family relationships
- Victims may face ongoing risk due to proximity and shared life arrangements
- Such offending can have lasting effects, particularly where children are involved or present

The result is that the presence of a domestic context typically moves the sentence upwards within the guideline range, and can justify custody where it might otherwise have been avoidable.

### Aggravating and mitigating features commonly seen in domestic cases

Aggravating features (increase seriousness):

- Vulnerability of the victim (e.g. pregnancy, illness, disability, age)
- Steps taken to prevent reporting or accessing support
- Offending in the victim’s home; victim being driven from the home
- Exposure or impact on children
- Strangulation or threats to kill
- History of similar behaviour, breaches of orders, or repeat offending
- Use of technology to monitor, harass, or control

Mitigating features (reduce seriousness):

- Previous good character or limited record
- Genuine steps to change, such as engaging with accredited programmes or therapy
- Mental health condition, learning disability, or neurodivergence where linked to offending
- Difficult personal circumstances or trauma (not as an excuse, but relevant)
- Strong prospects for rehabilitation, work or study
- Remorse and cooperation with the investigation

Courts will balance these features carefully. The domestic context is rarely neutral; it is usually a factor increasing seriousness.

### Out-of-court disposals and non-conviction protective orders

Out-of-court disposals (e.g. community resolutions or police cautions) are sometimes available for lower-level offences where admissions are made and the case is assessed as suitable. In domestic cases, these disposals are generally considered inappropriate due to the risk profile and the need for court oversight. In practice, the police will refer domestic cases to the Crown Prosecution Service (CPS) for a charging decision.

Even if charges are not authorised or a conviction is not secured, protective measures can still be made:

- Domestic Violence Protection Notice (DVPN) followed by a Domestic Violence Protection Order (DVPO) can prohibit contact or returning to the home for up to 28 days. The threshold is the civil standard (balance of probabilities).
- Restraining orders can be made on conviction or after an acquittal if the court considers an order necessary to protect a person from harassment or violence.

Note: The Domestic Abuse Act 2021 provides for Domestic Abuse Protection Orders (DAPOs) to be introduced. As they are phased in, DVPNs/DVPOs will be replaced. Until then, DVPNs/DVPOs remain available where applicable.

## Key Examples or Case Studies

### Example 1: Common assault in a domestic setting, first offence

- Facts: A single push causing minor injury during an argument at home. No previous convictions. Defendant pleads guilty at the first hearing and accepts contact restrictions.
- Likely approach: The guideline range for common assault spans from a discharge up to 26 weeks’ custody. The domestic context raises seriousness, but strong mitigation (no record, remorse, early guilty plea, good prospects) can keep the sentence in the community. Expect a community order, a restraining order, and requirements aimed at rehabilitation.
- What it shows: Even low-level assault can cross the custody threshold when domestic, but strong mitigation and early plea credit may avoid immediate custody.

### Example 2: ABH with pattern of controlling behaviour

- Facts: Assault occasioning actual bodily harm (bruising and a cut), set against months of monitoring and isolating the partner from friends. Children were present during the incident. Prior warnings from police.
- Likely approach: For ABH, the guideline range spans from a financial penalty up to 4 years’ custody (statutory maximum 5 years). The domestic context, presence of children, pattern of behaviour, and prior warnings are significant aggravating features. A custodial sentence is likely, with length reflecting the pattern and harm. A restraining order is likely to be imposed.
- What it shows: A pattern of abuse and impact on children can move an ABH case well up the range.

### Example 3: Breach of a non-molestation order

- Facts: A prohibited contact is made repeatedly by phone and in person over a fortnight. No violence, but persistent breach after warnings.
- Likely approach: Breach of a non-molestation order carries guideline ranges from a fine up to 4 years’ custody (statutory maximum 5 years). Repeated breaches and ignoring warnings point strongly towards custody. The court will consider rehabilitation needs but will mark the defiance of the order with a deterrent sentence.
- What it shows: Courts treat breaches of protective orders seriously. Domestic context and repetition drive sentences up.

### Example 4: Rape by a partner

- Facts: Non-consensual intercourse by a partner after a history of coercive control.
- Likely approach: For a single count, guideline ranges are commonly quoted from around 4 to 19 years’ custody depending on harm and culpability; the statutory maximum is life imprisonment. Domestic context, abuse of trust, and prior coercion are aggravating factors. Significant custodial terms are usual.
- What it shows: Sexual offending in a domestic context attracts lengthy custody, reflecting breach of trust and sustained harm.

## Practical Applications

- Get early legal advice. Domestic cases move quickly and often involve bail conditions or remand. Prompt advice preserves evidence and helps manage risk.
- Do not contact the complainant if bail conditions or protective orders prohibit contact, even if invited. Breach can lead to arrest and custody.
- Gather mitigation:
  - Character references addressing non-violence and community ties
  - Evidence of employment, training, or caring responsibilities
  - Medical reports for mental health, neurodivergence, or substance misuse where relevant
  - Proof of engagement with accredited domestic abuse programmes or counselling
- Consider the credit for an early guilty plea. Indicating a guilty plea at the first reasonable opportunity can reduce the sentence by up to one-third. This credit reduces with delay.
- Expect a victim personal statement. The court will read it to assess harm, including fear, ongoing effects, and any impact on children.
- Plan for practical orders:
  - Restraining orders are common, with conditions tailored to risk (e.g. no contact, exclusion zones, indirect contact via a solicitor about children if appropriate)
  - Requirements within community orders or suspended sentences might include rehabilitation activity requirements, unpaid work, curfews, or alcohol/drug treatment
- For complainants: keep a record of contact, screenshots, call logs, and visits. Report breaches promptly—enforcement of orders is a priority in domestic cases.
- For practitioners: check relevant Sentencing Council guidelines for the specific offence and the domestic abuse guidance. Highlight specific aggravating or mitigating features and address risk management in submissions.

## Summary Checklist

- Domestic abuse is defined by the Domestic Abuse Act 2021 and includes physical, sexual, controlling or coercive, economic, and emotional abuse
- There is no single “domestic violence” offence; prosecutors charge offences such as assault, ABH, rape, stalking, controlling or coercive behaviour, and breaches of orders
- Domestic context usually increases seriousness due to abuse of trust, ongoing risk, and impact on children
- Courts assess harm and culpability, then move up or down the range for aggravating/mitigating features
- Early guilty plea can reduce the sentence by up to one-third
- Out-of-court disposals are uncommon in domestic cases; CPS input is required for charging decisions
- Protective measures without conviction include DVPN/DVPO and restraining orders
- Expect restraining orders and tailored requirements alongside any sentence

## Quick Reference

| Offence / Order                   | Typical Guideline Range                       | Statutory Maximum | Authority / Note                                        |
| --------------------------------- | --------------------------------------------- | ----------------- | ------------------------------------------------------- |
| Common assault                    | Discharge to 26 weeks’ custody                | 6 months          | Sentencing Council; domestic context raises seriousness |
| ABH (s.47 OAPA 1861)              | Band B fine to 4 years’ custody               | 5 years           | Sentencing Council ABH guideline                        |
| Intentional strangulation         | High community order to 4 years’ custody      | 5 years           | s.75A SCA 2015; Sentencing Council guideline (2023)     |
| Controlling/coercive behaviour    | Low-level community order to 4 years’ custody | 5 years           | s.76 SCA 2015; Sentencing Council guideline             |
| Breach of non-molestation order   | Band B fine to 4 years’ custody               | 5 years           | s.42A FLA 1996; breach treated seriously                |
| Rape (single count, adult victim) | Around 4 to 19 years’ custody                 | Life              | Sexual Offences Act 2003; Sentencing Council guideline  |

Note: Ranges are indicative. Actual sentences depend on harm, culpability, aggravating/mitigating features, domestic context, and plea. Courts may also impose restraining orders and rehabilitation requirements.

This guide is for general information only and is not legal advice. If you face an allegation or need protection, seek advice from a qualified solicitor without delay.

Average Sentence for Domestic Violence: UK Sentencing Ranges and Key Factors