Clare's Law | Domestic Violence.

Clare's Law and the Domestic Violence Disclosure Scheme

Clare's Law is the common name for the Domestic Violence Disclosure Scheme. It allows people to ask the police whether their partner, ex-partner or someone connected to them has a history of domestic abuse or violent offending.

The scheme is named after Clare Wood, who was murdered in 2009 by a former partner who had a history of violence against women. The scheme was introduced to help people make informed decisions about their safety and relationships.

What Is Clare’s Law?

The scheme is not limited to physical violence. Domestic abuse can include controlling or coercive behaviour, emotional abuse, psychological abuse, sexual abuse, economic abuse, threats, harassment, stalking and intimidation.

The Right to Ask

The right to ask allows a person to request information from the police about a partner or ex-partner. A third party, such as a friend, relative or professional, may also be able to make an application if they are concerned that someone may be at risk.

The police will not automatically disclose information simply because an application has been made. They will carry out checks, assess risk and decide whether disclosure is necessary, proportionate and lawful.

The Right to Know

The right to know allows the police to disclose, without being asked, where they receive information suggesting that someone may be at risk of domestic abuse.

For example, if police become aware that a person has a history of domestic abuse and is now in a new relationship, they may consider whether information should be disclosed to protect the new partner.

Who Can Make an Application?

An application can usually be made by someone who is in, or has been in, an intimate relationship and is worried about their partner or ex-partner's history. A concerned third party may also apply, although any disclosure will usually be made to the person at risk rather than automatically to the person who made the request.

The police may need to speak to the applicant, verify identity, assess risk and gather information before deciding what to disclose.

What Information Might Be Disclosed?

The police may disclose information about previous domestic abuse, violence, stalking, harassment, coercive control, restraining orders, protective orders or other relevant behaviour.

The information disclosed will depend on the risk and circumstances. The police should disclose only necessary information, proportionate to the protection of the person at risk.

How to Apply

Applications are usually made through the local police force. Many police forces provide an online Domestic Violence Disclosure Scheme form, and applications may also be made by contacting police directly.

If there is immediate danger, do not wait for a Clare's Law application. Call 999. If you cannot speak safely, follow the emergency operator's instructions.

What Happens After an Application?

The police will usually carry out checks and risk assessments. They may contact other agencies where appropriate, such as safeguarding services, probation, social care or specialist domestic abuse services.

If disclosure is approved, it will usually be made in a safe and controlled way. The person receiving the information may be asked not to share it further unless there is a safeguarding reason to do so.

Clare's Law Is Not an Emergency Protection Order

Clare's Law is an information disclosure scheme. It does not itself remove an abuser from a home, ban contact or create a protective order.

If protection is needed, other measures may be required, such as police action, bail conditions, a non-molestation order, an occupation order, a restraining order, a Domestic Violence Protection Order or a Domestic Abuse Protection Order where available.

Domestic Violence Protection Notices and Orders

Domestic Violence Protection Notices and Domestic Violence Protection Orders can provide short-term protection after a domestic abuse incident. The police can issue a notice, and a magistrates' court can make an order.

These measures can require the perpetrator to leave the home and avoid contact with the victim for a short period, usually to give the victim breathing space and time to seek longer-term support. Existing guidance states that a Domestic Violence Protection Notice takes effect immediately and that the magistrates’ court must hear the police application for a Domestic Violence Protection Order within 48 hours.

Domestic Abuse Protection Notices and Orders

Domestic Abuse Protection Notices and Domestic Abuse Protection Orders are newer protective measures introduced under the Domestic Abuse Act 2021 and piloted from November 2024. GOV.UK describes a Domestic Abuse Protection Notice as an immediate police-issued notice for victims of all forms of domestic abuse, where the victim is aged 16 or over and the perpetrator is aged 18 or over.

Domestic Abuse Protection Orders can impose requirements designed to protect victims, including restrictions on contact or attendance at certain places. The pilot initially began in selected areas, including Greater Manchester and parts of London, and was later extended to additional areas.

Non-Molestation Orders

A non-molestation order is a family court injunction that can protect a person from abuse, threats, harassment, intimidation or unwanted contact. Breach of a non-molestation order is a criminal offence.

Someone experiencing domestic abuse may be able to apply for a non-molestation order urgently, including without notice to the other person where there is immediate risk.

Occupation Orders

An occupation order can regulate who lives in the family home or who may enter it. It can be used when it is unsafe for the parties to continue living together, or when one person needs protection in or around the home.

The court will consider housing needs, financial resources, the effect on children, ownership or tenancy rights, conduct and the risk of harm.

Coercive and Controlling Behaviour

Domestic abuse does not have to involve physical violence. Coercive or controlling behaviour can include isolating someone from friends or family, monitoring their movements, controlling money, checking phones, using threats, humiliating them, or making them afraid to act independently.

Victims may not always recognise behaviour as abuse, particularly where it has developed gradually. Specialist domestic abuse support can help assess risk and safety options.

Getting Help

If you are in immediate danger, call 999. If you need confidential domestic abuse support, the National Domestic Abuse Helpline is available 24 hours a day on 0808 2000 247.

Support may also be available from local domestic abuse services, independent domestic violence advisers, children's services, housing teams, GP surgeries, charities and solicitors.

Safety Planning

Anyone worried about domestic abuse should consider safety planning. This may include keeping important documents accessible, arranging a safe place to go, telling a trusted person, securing devices, changing passwords, recording incidents safely, and seeking professional support before leaving if doing so may increase risk.

Technology can also be used for abuse. Consider whether phones, location sharing, smart home devices, banking apps, email accounts or social media accounts are being monitored.

When Legal Advice May Be Needed

Legal advice may be needed where someone is at risk of domestic abuse, needs an injunction, wants to apply for a non-molestation order or occupation order, is concerned about children, housing, separation, divorce, immigration status, financial control or harassment.

A solicitor can advise on protective orders, emergency applications, evidence, legal aid, child arrangements, housing, divorce, financial remedies, police action and longer-term safety planning.

Current Position

Clare's Law allows people to ask police about a partner's or ex-partner's abusive or violent history. Also, it allows police to disclose information proactively when someone may be at risk.

It is an important safeguarding tool, but it is not a substitute for urgent protection. If there is immediate danger, call 999. If ongoing protection is needed, legal advice should be sought regarding injunctions, protective orders, and longer-term safety arrangements.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Domestic abuse law, police disclosure rules and protective order procedures can change, and how the law applies will depend on the facts of each case.

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