The definition of domestic abuse under the Domestic Abuse Act 2021

Published by a ³ÉÈËÓ°Òô Family expert
Practice notes

The definition of domestic abuse under the Domestic Abuse Act 2021

Published by a ³ÉÈËÓ°Òô Family expert

Practice notes
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This Practice Note provides a summary of the definitions set out in Part 1 of the domestic abuse Act 2021 (DAA 2021). It includes details of the definition of domestic abuse, what it means for two people to be personally connected to each other and the domestic abuse statutory guidance. It looks at changes introduced by DAA 2021 so that children can be considered as victims of domestic abuse.

The introduction of DAA 2021 means that, for the first time, a broad-ranging definition of domestic abuse is given statutory status. DAA 2021 provides clarity about what behaviour constitutes domestic abuse. It aims to introduce enhanced protective measures to ensure that individuals who are vulnerable in the face of abusive behaviours can obtain effective legal protection at every point of entry, including via the police, from the local authority and in a consistent way via criminal, family and civil court processes, whichever is most appropriate to the circumstances of the particular case. By providing these protections, it is hoped that more people will

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Jurisdiction(s):
United Kingdom
Key definition:
Domestic abuse definition
What does Domestic abuse mean?

The DAA 2021 creates, for the first time, a cross-government statutory definition of domestic abuse. According to the government’s factsheet the definition is ‘…to ensure that domestic abuse is properly understood, considered unacceptable and actively challenged across statutory agencies and in public attitudes’. The definition of domestic abuse is in two parts. The first part deals with the relationship between the abuser and the abused and the second part defines what constitutes abusive behaviour. The definition is broad and includes controlling or coercive behaviour and economic abuse. For the purposes of DAA 2021, the behaviour of a person towards another person is domestic abuse if: •both parties are each aged 16 or over and are personally connected to each other, and •the behaviour is abusive Behaviour is abusive if it consists of any of the following: •physical or sexual abuse •violent or threatening behaviour •controlling or coercive behaviour •economic abuse, which means any behaviour that has a substantial adverse effect on that person’s ability to: ?acquire, use or maintain money or other property, or ?obtain goods or services •psychological, emotional or other abuse The behaviour can consist of a single incident or a course of conduct. For the purposes of DAA 2021, behaviour may be behaviour towards a person despite the fact that it consists of conduct directed at another person, for example, towards that person’s child. This confers the formal status of victim of domestic abuse not only on the victim themselves, but on any child who has seen, heard or experienced the effects of domestic abuse. References in DAA 2021 to being abusive towards another person are to be read in accordance with this.

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