Domestic Abuse Law

Statutory Definition — Under s.1 Domestic Abuse Act 2021, behaviour of A towards B is domestic abuse if both are aged 16 or over and personally connected, and the behaviour is abusive: physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; or psychological, emotional or other abuse. A single incident or a course of conduct can qualify.

Economic Abuse — Defined in s.1(4) DAA 2021 as any behaviour having a substantial adverse effect on B's ability to acquire, use or maintain money or other property, or to obtain goods or services.

Children as Victims — Behaviour may be 'towards' B even though it consists of conduct directed at another person, such as B's child (s.1(5)), and s.3 DAA 2021 recognises children who see, hear or experience the effects of abuse as victims in their own right.

Non-Molestation Orders — Under s.42 Family Law Act 1996 the court may prohibit a respondent from molesting an associated person or a relevant child, having regard to all the circumstances including the need to secure the health, safety and well-being of the applicant and any relevant child. Orders may be made for a specified period or until further order.

Breach is a Criminal Offence — Under s.42A FLA 1996, doing anything prohibited by a non-molestation order without reasonable excuse is an offence carrying up to 5 years' imprisonment on indictment; the same conduct cannot be punished both as the offence and as contempt of court.

Occupation Orders — Part IV FLA 1996 also lets the court decide who can live in the family home or enter the surrounding area (an occupation order); a court considering an occupation order must also consider whether to make a non-molestation order of its own motion (s.42(4A)).

DAPNs and DAPOs — Under Part 3 DAA 2021 (piloted from 27 November 2024), police can issue a DAPN giving immediate protection where an officer has reasonable grounds to believe a person aged 18+ has been abusive towards a personally connected person aged 16+. After a DAPN, a DAPO application is usually heard by the magistrates' court within 48 hours. DAPOs can be sought by police, the victim or third parties, can include prohibitions, electronic monitoring and positive requirements (e.g. behaviour-change programmes), always include notification requirements, have no minimum or maximum duration, and breach is a criminal offence.

Controlling or Coercive Behaviour — Under s.76 Serious Crime Act 2015 it is an offence (up to 5 years on indictment) repeatedly or continuously to engage in controlling or coercive behaviour towards a personally connected person where it has a serious effect — causing fear of violence on at least two occasions, or serious alarm or distress with a substantial adverse effect on usual day-to-day activities. Since 5 April 2023 (DAA 2021, s.68) 'personally connected' includes ex-partners and relatives without any cohabitation requirement.

Protection in Court — Part 5 DAA 2021 prohibits cross-examination in person by perpetrators in family proceedings (s.65) and civil proceedings (s.66), and s.70 created the offence of strangulation or suffocation.

Housing Protection — s.78 DAA 2021 (homelessness: victims of domestic abuse) and s.79 (grant of secure tenancies in cases of domestic abuse) strengthened housing rights for victims.