Domestic Abuse Act 2021
The Domestic Abuse Act 2021 introduces a statutory definition of domestic abuse, creates Domestic Abuse Protection Orders, and strengthens protections for victims.
Who is affected: Victims of domestic abuse, their children, perpetrators, police, local authorities, and courts in England and Wales
What Changed
The Domestic Abuse Act 2021 for the first time provides a statutory definition of 'domestic abuse' in England and Wales, covering physical, emotional, coercive or controlling, and economic abuse between persons aged 16 or over who are personally connected. It recognises children as victims where they see, hear, or experience the effects of abuse in their home. The Act creates a new Domestic Abuse Protection Notice (DAPN) and Domestic Abuse Protection Order (DAPO), which can include positive obligations on perpetrators such as completing behaviour programmes. It introduces a new offence of non-fatal strangulation or suffocation (section 70), prohibits cross-examination of victims by their abuser in family proceedings, and creates a new statutory defence of 'victim of domestic abuse' for those who commit certain offences as a direct result of their abuse. Local authorities are placed under a new duty to provide support to victims in relevant accommodation.
What To Do
Victims of domestic abuse should know they can contact the police to obtain a Domestic Abuse Protection Notice immediately, or apply to the civil courts for a DAPO without needing to make a criminal complaint. Courts and legal practitioners should apply the prohibition on in-person cross-examination by perpetrators in family proceedings. Local authorities should review their statutory duty to provide support to victims in safe accommodation and ensure their housing allocation policies account for domestic abuse.