Domestic Abuse Act 2021
WHAT IS THE DOMESTIC ABUSE ACT 2021?
The Domestic Abuse Act 2021 represents a pivotal legislative milestone in the UK. At its core, the Act provides a statutory definition of domestic abuse, encompassing various forms of abusive behaviour within intimate relationships or family settings.
The statutory definition of domestic abuse is recognised in the Domestic Abuse Act 2021 as:
Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if:
(a) A and B are each aged 16 or over and are personally connected to each other, and
(b) The behaviour is abusive.
Abusive behaviour is defined in the act as
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Physical or sexual abuse
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Violent or threatening behaviour
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Controlling or coercive behaviour
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Economic abuse
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Psychological or emotional abuse
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Other abuse
Personally connected means
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Married
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In a civil partnership
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In an intimate personal relationship
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Having a parental relationship in relation to the same child
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Relatives
CHILDREN RECOGNISED IN THE ACT
Additionally, the Act recognises children as victims of domestic abuse, regardless of direct physical harm. Children under law are recognised as victims of abuse if they "see, hear, or otherwise experience the effects of abuse.” The legislation ensures their protection and acknowledges the profound impact of domestic abuse on their well-being and development.
DOMESTIC ABUSE COMMISSIONER
One of the Act's significant features is the establishment of the Office of The Domestic Abuse Commissioner, tasked with overseeing the implementation of the Act's provisions and advocating for victims' rights. This office serves as a central authority to coordinate responses to domestic abuse and monitor progress in addressing this pervasive issue.
Under the act, the Domestic Abuse Commissioner is responsible for:
- Representing victims and survivors
- Educating the public about domestic abuse
- Monitoring the response of local authorities, the justice system, and other statutory agencies
- Holding statutory bodies to account in tackling domestic abuse
The Commissioner would have the power to hold statutory bodies and government to account and recommend how they can improve the response to abuse.
DOMESTIC ABUSE PROTECTION NOTICE (DAPN) AND DOMESTIC ABUSE PROTECTION ORDER (DAPO)
To address the urgent need for protective measures, the Act introduces the Domestic Abuse Protection Notice (DAPN) and Domestic Abuse Protection Order (DAPO). This empowers the police to intervene swiftly, providing immediate protection to victims and potential victims.
The DAPN offers immediate protection following an incident, while the DAPO provides flexible, longer-term protection, prohibiting abusive behaviour and requiring specific actions.
AIM OF THE ACT
Overall, the Act aims to raise awareness and understanding of domestic abuse, fostering a culture of zero tolerance towards intimate partner violence and abuse. It seeks to challenge harmful attitudes and behaviours, creating safer and more supportive communities for all affected individuals and families. By establishing clear definitions, strengthening protective measures, and prioritising victim support, the act demonstrates a commitment to eradicating domestic abuse and safeguarding the wellbeing of individuals across the UK.
