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.

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.
These examples illustrate possible offences; the facts and the elements of each offence determine the charge. See the legal references below.
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.
- Do not hit, slap, push, grab, shake or spit at someone during an argument.
- Do not squeeze someone’s throat, cover their mouth or obstruct their breathing.
- Do not block exits, pin someone down, lock them in or otherwise stop them leaving.
- Do not threaten violence, or threaten self-harm to force someone to comply.
- Do not smash belongings, punch walls or use your physical presence to intimidate.
- Do not force or pressure someone into sexual activity.
- Do not control someone’s movements, friendships, clothing, work or access to money.
- Do not take their phone, keys, passport or medication to restrict their freedom.
- Do not secretly track them, follow them or access their accounts without permission.
- Do not bombard them with messages, repeatedly turn up or recruit friends to pursue unwanted contact.
- Do not share intimate images without consent or threaten to expose them.
- Do not use money, housing or private information to force someone to stay with you.
- Do not use your child as a messenger, spy, bargaining chip or weapon.
- Do not make your child choose sides or feel guilty for loving their other parent.
- Do not expose your child to threats, intimidation or violence.
- Do not take your child abroad without the consent or court permission required.
- Do not ignore protective orders or bail conditions.
- Do not fabricate allegations or evidence, intimidate witnesses or pressure someone to change their account.
These rules concern abuse and intimidation. Necessary, reasonable action to protect someone from immediate harm is a different legal question.
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
| Offence | Legal reference | Essential distinction |
|---|---|---|
| Common assault | Common law; s39 Criminal Justice Act 1988 | Intentionally or recklessly causing apprehension of immediate unlawful violence. |
| Battery—“assault by beating” | Common law; s39 Criminal Justice Act 1988 | Intentional or reckless unlawful force. Injury is unnecessary. |
| Actual bodily harm—ABH | s47 Offences Against the Person Act 1861 | Assault causing more than transient or trifling injury. |
| Wounding or grievous bodily harm—GBH | s20 Offences Against the Person Act 1861 | Wounding or really serious harm, with intent or recklessness regarding some harm. |
| Wounding or GBH with intent | s18 Offences Against the Person Act 1861 | Typically, intent to cause really serious harm. |
| Threats to kill | s16 Offences Against the Person Act 1861 | A threat intended to make the recipient fear it will be carried out. |
| Strangulation or suffocation | s75A Serious Crime Act 2015 | A specific offence; visible injury is unnecessary. |
| False imprisonment; kidnapping | Common law | Unlawful 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.
Control, harassment and stalking
| Offence | Legal reference |
|---|---|
| Controlling or coercive behaviour | s76 Serious Crime Act 2015, as amended |
| Harassment | s2 Protection from Harassment Act 1997 |
| Putting someone in fear of violence | s4 Protection from Harassment Act 1997 |
| Stalking | s2A Protection from Harassment Act 1997 |
| Stalking involving fear of violence or serious alarm or distress | s4A 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.
Sexual offences
| Offence | Legal reference |
|---|---|
| Rape | s1 Sexual Offences Act 2003 |
| Assault by penetration | s2 Sexual Offences Act 2003 |
| Sexual assault | s3 Sexual Offences Act 2003 |
| Causing someone to engage in sexual activity without consent | s4 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.
Messages and intimate images
| Offence | Legal reference |
|---|---|
| Sending threatening communications | s181 Online Safety Act 2023 |
| Knowingly false communications intended to cause non-trivial psychological or physical harm | s179 Online Safety Act 2023 |
| Certain grossly offensive, indecent, obscene or menacing communications | s127(1) Communications Act 2003; relevant remaining provisions of s1 Malicious Communications Act 1988 |
| Sharing intimate images without consent | s66B(1)–(3) Sexual Offences Act 2003 |
| Threatening to share intimate images | s66B(4) Sexual Offences Act 2003 |
| Cyberflashing | s66A 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.
Property, money and children
| Offence | Legal reference |
|---|---|
| Criminal damage, including arson | s1 Criminal Damage Act 1971 |
| Threats to destroy or damage property | s2 Criminal Damage Act 1971 |
| Theft | s1 Theft Act 1968 |
| Blackmail | s21 Theft Act 1968 |
| Child cruelty, including qualifying neglect | s1 Children and Young Persons Act 1933 |
| Parental child abduction | s1 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.
Orders, witnesses and evidence
| Offence | Legal reference |
|---|---|
| Breaching a non-molestation order | s42A Family Law Act 1996 |
| Breaching a restraining order | s363 Sentencing Act 2020; s5A Protection from Harassment Act 1997 for orders following acquittal |
| Witness intimidation in criminal investigations or proceedings | s51 Criminal Justice and Public Order Act 1994 |
| Perverting the course of justice | Common 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.
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.
General information for England and Wales, not advice on an individual case. This is a reference to key offences, not an exhaustive criminal code. “Domestic abuse” describes a category of behaviour; each criminal offence has its own elements and defences.