Domestic abuse is not limited to physical violence. If you have concerns about a partner’s past, the Domestic Violence Disclosure Scheme empowers you to make informed decisions about your safety and future.
In new relationships, it is entirely natural to want to see the best in a partner. However, if something does not feel quite right, or if you begin to notice controlling behaviours, you do not have to wait for abuse to escalate before seeking help.
Clare’s Law, officially known as the Domestic Violence Disclosure Scheme (DVDS), was designed precisely for these moments of doubt. It empowers individuals across England and Wales to ask the police for information about a current or former partner’s history of violent or abusive behaviour. At D&A Solicitors, our family law team regularly supports clients navigating the complexities of domestic abuse, and understanding this legal framework is a vital first step towards personal protection.
How Clare’s Law Works
The scheme operates through two primary routes:
The Right to Ask: You have the legal right to ask the police to check a current or former partner's history. Applications can also be made by a concerned friend, family member, or professional who fears someone they know may be in danger.
The Right to Know: The police can proactively share information with an individual if their checks uncover records of abusive behaviour and they believe that the person is at a credible risk of harm.
When an application is submitted, the police conduct thorough checks into their records. If they discover a relevant history of abuse, they assess the risk level and determine whether it is lawful, necessary, and proportionate to disclose that information. If a third party makes the application, the police will provide the disclosure strictly to the person they deem best placed to safeguard the individual at risk.
Abuse is Not Only Physical
One of the most critical aspects of modern domestic abuse legislation, reinforced by the Domestic Abuse Act 2021, is the statutory recognition that abuse extends far beyond physical violence.
Under Clare's Law, relevant prior behaviour that the police may consider disclosing includes:
Coercive or Controlling Behaviour: Isolating you from friends and family, monitoring your movements, or dictating your everyday choices.
Economic Abuse: Restricting your access to money, running up debts in your name, or actively preventing you from working.
Emotional Abuse: Constant criticism, manipulation, and psychological intimidation.
Taking Action and Seeking Support
Information is power, and knowing about a partner’s past can help you make an informed choice about your relationship. If you make a request under Clare’s Law, the process is confidential.
While the police handle the disclosure of information, securing your long-term safety often requires professional legal support. Whether you need assistance securing a Non-Molestation Order, applying for a Domestic Abuse Protection Order, or navigating a safe and discreet separation, expert legal guidance is essential.
For confidential advice on protecting yourself, your assets, and your children, contact the Family Law team at D&A Solicitors in Birmingham today.
0121 523 3601
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