FWAFATHERS WITH ATTITUDE

FWA CHEAT SHEET · ENGLAND AND WALES

Know the law.

We aren’t cavemen any more.
We live in a civilised society.

Understand what that means—or you will come a cropper.

Illustrative image of a man handcuffed behind his back beside a British police officer and police car
Illustrative image

Most of my mates have fallen foul of the law through offences whose boundaries are much easier to cross than people imagine. That is why this page exists.

You may think assault means punching someone. You may think following your partner from room to room is simply trying to finish a conversation. You may think repeated calls show how desperately you want to put things right.

What matters is what you actually do, the circumstances and the legal test—not just the explanation you give yourself afterwards.

You don’t have to throw a punch to cross the line.

Being someone’s husband does not give you authority over them. Being a father does not make your children your property. Being hurt does not give you permission to hurt someone else.

Read this before the argument. Before the separation. Before you do something you cannot take back.

Do not use your strength
to control the situation.

Being stronger does not give you the right to make someone stay, listen, agree or give way. That includes standing over them, blocking their path or making them afraid of what you might do.

If an argument is escalating, step back. Where everyone is safe, walk away and leave the discussion for another day.

You do not have to resolve everything now. You are responsible for what you do now.

“I only…”

“I only grabbed her wrist.”

An unlawful grab can be battery. There does not have to be a bruise.

“I only threatened him. I wasn’t going to do it.”

Causing someone to apprehend immediate unlawful violence can be assault without physical contact. Other threats have their own offences.

“I only wanted her to stay and listen.”

Preventing someone from leaving can amount to false imprisonment.

“I only kept calling because she wouldn’t answer.”

Repeated unwanted contact can become harassment or stalking. Wanting a reply does not entitle you to pursue someone indefinitely.

What you must not do.

These are FWA’s behavioural rules. Some describe criminal conduct; others set the standard we expect of a responsible parent.

What the law actually says.

Open each group for the offences and legal references. Each offence has specific elements and defences; these are concise descriptions, not the full legal tests.

Physical violence, threats and confinement
OffenceLegal referenceEssential distinction
Common assaultCommon law; s39 Criminal Justice Act 1988Intentionally or recklessly causing apprehension of immediate unlawful violence.
Battery—“assault by beating”Common law; s39 Criminal Justice Act 1988Intentional or reckless unlawful force. Injury is unnecessary.
Actual bodily harm—ABHs47 Offences Against the Person Act 1861Assault causing more than transient or trifling injury.
Wounding or grievous bodily harm—GBHs20 Offences Against the Person Act 1861Wounding or really serious harm, with intent or recklessness regarding some harm.
Wounding or GBH with intents18 Offences Against the Person Act 1861Typically, intent to cause really serious harm.
Threats to kills16 Offences Against the Person Act 1861A threat intended to make the recipient fear it will be carried out.
Strangulation or suffocations75A Serious Crime Act 2015A specific offence; visible injury is unnecessary.
False imprisonment; kidnappingCommon lawUnlawful detention; unlawful taking or carrying away, respectively, subject to their specific elements.

The absence of a serious injury does not mean no offence occurred. See also CPS strangulation guidance and the Home Office offence inventory, Annex F.

CPS assault charging standards ↗

Control, harassment and stalking
OffenceLegal reference
Controlling or coercive behaviours76 Serious Crime Act 2015, as amended
Harassments2 Protection from Harassment Act 1997
Putting someone in fear of violences4 Protection from Harassment Act 1997
Stalkings2A Protection from Harassment Act 1997
Stalking involving fear of violence or serious alarm or distresss4A Protection from Harassment Act 1997

Coercive control involves repeated or continuous behaviour with a legally defined serious effect, where the perpetrator knows or ought to know it will have that effect. It can include financial restriction, isolation and monitoring. It can continue after separation and does not require living together.

Harassment and stalking concern courses of conduct. Two incidents can satisfy the minimum number of occasions, but repetition alone does not establish the offence. See also CPS stalking and harassment guidance.

CPS coercive-control guidance ↗

Sexual offences
OffenceLegal reference
Rapes1 Sexual Offences Act 2003
Assault by penetrations2 Sexual Offences Act 2003
Sexual assaults3 Sexual Offences Act 2003
Causing someone to engage in sexual activity without consents4 Sexual Offences Act 2003

Marriage and previous sexual activity do not provide continuing consent. These offences have distinct definitions, including requirements concerning consent and reasonable belief in consent.

Sexual Offences Act 2003 ↗

Messages and intimate images
OffenceLegal reference
Sending threatening communicationss181 Online Safety Act 2023
Knowingly false communications intended to cause non-trivial psychological or physical harms179 Online Safety Act 2023
Certain grossly offensive, indecent, obscene or menacing communicationss127(1) Communications Act 2003; relevant remaining provisions of s1 Malicious Communications Act 1988
Sharing intimate images without consents66B(1)–(3) Sexual Offences Act 2003
Threatening to share intimate imagess66B(4) Sexual Offences Act 2003
Cyberflashings66A Sexual Offences Act 2003

Each offence has specific conditions. A rude message is not automatically criminal. A threat to share an intimate image can be criminal even if the image does not exist.

CPS communications guidance ↗

Property, money and children
OffenceLegal reference
Criminal damage, including arsons1 Criminal Damage Act 1971
Threats to destroy or damage propertys2 Criminal Damage Act 1971
Thefts1 Theft Act 1968
Blackmails21 Theft Act 1968
Child cruelty, including qualifying neglects1 Children and Young Persons Act 1933
Parental child abductions1 Child Abduction Act 1984

Parental child abduction under this provision concerns taking or sending a child under 16 outside the UK without appropriate consent, subject to statutory exceptions. Not every disagreement about a handover is child abduction.

Home Office offence inventory — Annex F ↗

Orders, witnesses and evidence
OffenceLegal reference
Breaching a non-molestation orders42A Family Law Act 1996
Breaching a restraining orders363 Sentencing Act 2020; s5A Protection from Harassment Act 1997 for orders following acquittal
Witness intimidation in criminal investigations or proceedingss51 Criminal Justice and Public Order Act 1994
Perverting the course of justiceCommon law

An invitation to meet does not itself vary a court order. If the terms need changing, use the proper legal process. Deliberately fabricating evidence or interfering with witnesses can create further criminal liability. See also College of Policing guidance.

CPS restraining-order guidance ↗

At the most serious end are attempted murder, murder and manslaughter. Murder and manslaughter are common-law offences; attempted murder falls under s1 Criminal Attempts Act 1981 and requires intent to kill.

Your children do not need to be the target to be affected.

A child can experience the fear, hear the threats or live with the aftermath.

Family courts consider domestic abuse and its consequences when deciding child arrangements. They can make findings without a criminal conviction, applying the civil standard of proof. An allegation is not itself a finding, but the absence of a prosecution does not settle the family-court question.

Family Procedure Rules: Practice Direction 12J ↗

Your behaviour can become part of the evidence on which decisions about your child’s life are made.

When you feel yourself losing control.

Stop the argument. Let the other person leave. Do not follow them to continue it.

Put the phone down before sending another angry message. Keep necessary parenting communication brief, practical and within any restrictions.

If you need to step away, make sure your child remains safely cared for. Get help with your behaviour before the next confrontation.

If you are being abused, you deserve protection too. Seek safety and support. Retaliation can create further harm.

Being furious does not make the next decision for you. You still have to make it.

Remember why you are reading this.

FWA argues that responsible fathers matter. That requires us to be direct with fathers about responsibility.

We can challenge an unfair system and still insist that men understand the law and govern their own behaviour.

Forewarned is forearmed.
Box clever.

Your children need you to remain a safe, dependable presence in their lives. Think about that before you act.

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