Last amended by Victims and Prisoners Act 2024 in 2024. 4 recorded amendment effects (legislation.gov.uk changes data).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Domestic Abuse Act 2021 creates a statutory definition of domestic abuse, establishes the office of Domestic Abuse Commissioner, and introduces new protections for victims including Domestic Abuse Protection Notices and Orders, restrictions on cross-examination, and recognition of children as victims.
Key Points
- Statutory definition of domestic abuse covering physical, emotional, coercive/controlling, economic, and sexual abuse (s.1)
- Recognises children who see, hear, or experience the effects of abuse as victims (s.3)
- Domestic Abuse Protection Notices (DAPNs) and Orders (DAPOs) (Part 3)
- Prohibits perpetrators from cross-examining victims in family proceedings (s.65)
- Special measures in criminal proceedings extended to domestic abuse complainants
- Duty on local authorities in England to provide support in safe accommodation
- Non-fatal strangulation and suffocation made a specific offence (s.75A Serious Crime Act 2015)
Parts & Sections
Amendments History
2021 — The Domestic Abuse Act 2021 (Commencement No. 9 and Saving Provisions) Regulations 2025
34 commencement (coming-into-force) effects (legislation.gov.uk changes data).
2021 — The Domestic Abuse Act 2021 (Commencement No. 2) Regulations 2021
19 commencement (coming-into-force) effects (legislation.gov.uk changes data).
2021 — The Domestic Abuse Act 2021 (Commencement No. 4) Regulations 2022
16 commencement (coming-into-force) effects (legislation.gov.uk changes data).
2022 — Health and Care Act 2022
5 recorded amendment effects (legislation.gov.uk changes data).
2024 — Victims and Prisoners Act 2024
4 recorded amendment effects (legislation.gov.uk changes data).
Frequently asked questions
- What counts as domestic abuse under the new law?
- The Act defines domestic abuse as behaviour between personally connected persons that is abusive. This includes physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological or emotional abuse. The definition is broad and covers various forms of harm beyond just physical violence.
- Are children considered victims of domestic abuse under this Act?
- Yes, the Act explicitly recognises children as victims. A child is considered a victim if they see, hear, or experience the effects of domestic abuse and are related to or live with the abuser or the victim. This ensures children are included in the statutory definition of who suffers from domestic abuse.
- What new protections does the Act offer to victims?
- The Act introduces Domestic Abuse Protection Notices (DAPNs) and Orders (DAPOs). These are new legal protections designed to safeguard victims. Additionally, the legislation prohibits perpetrators from cross-examining victims directly in family proceedings, aiming to reduce the stress and intimidation faced by those seeking legal help.
- What role does the Domestic Abuse Commissioner play?
- The Act creates the office of the Domestic Abuse Commissioner to oversee the implementation of the law. It also imposes a duty on local authorities in England to provide support in safe accommodation for victims. Furthermore, it extends special measures in criminal proceedings to domestic abuse complainants to assist them during legal processes.
- Does the Act change the law on strangulation?
- The Act makes non-fatal strangulation and suffocation a specific criminal offence. This change, referenced in relation to the Serious Crime Act 2015, ensures that these specific acts are treated as distinct crimes, providing clearer legal grounds for prosecution and protection for victims who have been subjected to such behaviour.
- Has the Domestic Abuse Act 2021 been amended since it was passed?
- The Domestic Abuse Act 2021 has been amended by subsequent legislation, including the Health and Care Act 2022 and the Victims and Prisoners Act 2024. Additionally, various commencement regulations have been issued to bring different parts of the Act into force at specific times, ensuring the law is implemented in stages.