LEGAL SIDEPIECE

Emotional abuse is recognised as a serious form of domestic abuse in the UK, and in many cases, it is a criminal offence under the Serious Crime Act 2015. Specifically, it constitutes the offence of controlling or coercive behaviour in intimate or family relationships.

In this post, we cover what counts as emotional abuse under UK law, whether emotional abuse is a crime under UK law, and what evidence is required to prove emotional abuse. We also answer some frequently asked questions (FAQs) about emotional abuse.

The Legal Definition: When Emotional Abuse Becomes a Crime

Under the provisions of the Serious Crime Act 2015, emotional abuse becomes a criminal offence when it forms part of a pattern of controlling or coercive behaviour within an intimate or family relationship. The law applies when:

• The abuser is personally connected to the victim. By the provisions of the law, the abuser is “personally connected” to the victim if they are or have been a spouse, civil partner, family relative, or engaged to be married to the victim.
• The behaviour has a serious effect on the victim. That is, the victim was or had been in fear of violence on two or more occasions, or they experienced serious alarm or distress that substantially affected their day-to-day life.
• The abuser knew or ought to have known that their behaviour would have such an effect.¹

Flowing from the above, it is clear that emotional abuse is not judged by isolated incidents but by behavioural patterns that erode autonomy, sense of safety, and quality of wellbeing. There is no requirement for the abuser and the victim to live in the same household. The Domestic Abuse Act 2021 removed the requirement of living together, which means that the offence of controlling or coercive behaviour applies regardless of whether the abuser and the victim live together.²

What Legally Counts as Emotional Abuse

The UK Government identifies a wide range of behaviours that constitute emotional abuse when used repeatedly to control, intimidate, or isolate a victim.³ These include:

• Isolation from friends, family, or a support system

Preventing contact with loved ones, colleagues or professionals (e.g., doctors, lawyers). This includes intercepting messages or phone calls.

• Monitoring and surveillance

Tracking movements, checking phones, reading messages, or demanding constant updates.

• Verbal degradation

Insults, belittling, name-calling, criticism, or humiliation designed to erode self-esteem.

• Threats

Threatening to harm the victim, children, pets, or property; or threatening to reveal personal information.

• Gaslighting

Manipulating the victim into doubting their memory, perception, or sanity.

• Financial control

Restricting access to money, monitoring spending, or creating financial dependence.

• Emotional neglect

Withholding affection, support, or validation as a means of punishment or control.

• Coercive demands

Forcing the victim to behave in certain ways, make certain decisions, or participate in unwanted activities.

These behaviours are not merely “relationship problems”. They are recognised forms of domestic abuse under UK law.

Is Emotional Abuse a Crime in the UK?

Yes. Emotional abuse can be a crime when it meets the legal threshold for controlling or coercive behaviour. The offence carries a maximum sentence of five years’ imprisonment.

What Evidence is Required to Prove Emotional Abuse?

To prove emotional abuse, the victim is required to prove coercive control. The law requires evidence of a pattern of behaviour, which means it is important to establish frequency. Useful evidence includes:

• Text messages, emails, or social media messages
• Call logs or recordings (where legally obtained)
• Bank statements showing financial control
• Photos of damaged property
• Diary entries documenting incidents
• Witness statements from family, friends, or colleagues
• Medical or psychological reports
• Screenshots of tracking apps or monitoring tools

How the Law Protects Victims

Victims of emotional abuse can seek protection through:

• Police intervention
• Domestic Violence Protection Orders (DVPOs)
• Non-molestation orders via the Family Court
• Occupation orders to remove the abuser from the home

FAQ Section:

Is emotional abuse illegal in the UK?

Yes – when it forms part of controlling or coercive behaviour.

Can I report emotional abuse to the police?

Yes. Coercive control is a criminal offence.

Do you need to live together for it to count?

No. Since the Domestic Abuse Act 2021, the offence applies even if you do not live together.

What is the punishment for emotional abuse?

Up to five years in prison.

What is the legal test for emotional abuse?

A pattern of behaviour causing fear, alarm, or substantial life changes.

Understanding your rights is the first step towards protection.

Reference List:

1. Serious Crime Act 2015, Section 76 <https://www.legislation.gov.uk/ukpga/2015/9/section/76 ↩︎
2. See the Domestic Abuse Act 2021, Section 68 <https://www.legislation.gov.uk/ukpga/2021/17/section/68 ↩︎
3. Home Office (2023) Controlling or Coercive Behaviour, Statutory Guidance Framework, 5 April 2023.<https://assets.publishing.service.gov.uk/media/642d3f9e7de82b001231364d/Controlling_or_Coercive_Behaviour_Statutory_Guidance_-_final.pdf ↩︎