Post-Separation Abuse Remains Under-Recognised Despite Legal Reforms in England and Wales
“The sense of hopelessness is overwhelming in that situation because you’ve done all you can and it still continues.”
Cases of abuse following the end of a relationship continue to present challenges for law enforcement and support services in England and Wales, despite recent legal reforms aimed at addressing coercive and controlling behaviour beyond separation.
Advocates say post-separation abuse, which includes harassment, stalking and ongoing coercion by former partners, is frequently underestimated by authorities. Victims may no longer be in a relationship with their abuser, but the threat can persist or escalate, particularly in cases involving shared parenting arrangements.
Charlotte Eastop, senior operations manager at the domestic abuse charity Refuge, said the issue is often misunderstood by frontline responders. She noted that victims are sometimes categorised as “historical survivors,” leading to a diminished perception of immediate risk.
According to Eastop, this mischaracterisation can result in inadequate responses from both police and support agencies.She added that separation is a critical period in which the risk of escalation is heightened.
While post-separation abuse is now recognised as a criminal offence, Eastop said greater awareness and mandatory training are needed across policing and judicial systems to ensure the law is applied effectively. She emphasised that legislative change alone does not immediately translate into improved protection, as institutional understanding takes time to develop.
The legal framework has evolved in recent years. Coercive and controlling behaviour was first criminalised in England and Wales in 2015. This was expanded under the Domestic Abuse Act 2021, which explicitly recognised abusive behaviour by former partners after separation.
The provision came into force in April 2023, extending legal protections to victims experiencing continued control outside of an ongoing relationship.However, practitioners say gaps remain in implementation. Eastop said a significant proportion of calls received by Refuge involve post-separation abuse, indicating its prevalence.
She added that the issue is not always recognised as a distinct and ongoing form of harm, despite its frequency.Individual accounts highlight the persistence and evolving nature of such abuse. Sasha, a survivor who requested anonymity, said she has experienced stalking and harassment since separating from her partner in 2012.
Although they were not living together at the time of separation, she said her former partner continued to exert control through repeated, unannounced visits and demands to see their child.
According to Sasha, these incidents often coincided with specific occasions such as holidays, when her former partner would insist on access. She said the behaviour continued even after she relocated, indicating the difficulty of breaking contact in such situations.
In one instance, Sasha said she shared photographs of her son with her former partner at his request during the Christmas period. He later used embedded metadata from the images to identify her location and track her home address.
The use of digital tools to facilitate tracking has become an increasing concern among support organisations dealing with stalking and harassment cases.Sasha also described being followed to public and family events, including gatherings tied to her cultural background.
She said these incidents had a significant personal impact, ultimately leading her to withdraw from activities that were important to her identity and her child’s upbringing.She described a turning point when her former partner made threats of suicide, which she initially took seriously.
When she visited him to ensure his safety, she said he appeared to treat the situation as a form of manipulation, undermining her trust and reinforcing a pattern of psychological control.
Support organisations say such behaviour reflects broader patterns in post-separation abuse, where emotional manipulation, surveillance and intimidation replace or accompany physical violence. Eastop noted that children are often central to these dynamics, with abusers using contact arrangements as a means to maintain influence over their former partners.
This can include repeated demands to see children, attempts to undermine the victim’s relationship with them, or using communication about parenting as a channel for continued harassment. In some cases, family court processes themselves can be used as a tool of control.
Eastop said abusers may exploit court-ordered arrangements by failing to adhere to schedules or by introducing uncertainty, making it difficult for victims to maintain stability in their daily lives.She added that such tactics can have cumulative effects, restricting victims’ ability to plan social activities or maintain routines, thereby extending the impact of abuse into multiple aspects of life.
Despite the existence of legal provisions, enforcement remains uneven. Eastop said there is a need for consistent recognition of post-separation abuse as an ongoing risk rather than a resolved issue. She stressed that improved training for police officers and judicial authorities is essential to ensure that patterns of coercive behaviour are identified and addressed appropriately.
The persistence of these cases suggests that while legislative frameworks have expanded, practical challenges remain in translating legal definitions into effective protection on the ground.
