Please note that this News item is not maintained, and reflects the law as at the date of publication or update.
With White Ribbon Day almost upon us it is worth looking at the definition of domestic abuse that was introduced by the Domestic Abuse Act 2021. The aim was to provide clarity and consistency about what behaviour constitutes domestic abuse. To amount to abusive behaviour the parties concerned must be 16 years old or more, be personally connected to each other, and may consist of any of the following:-
- Physical or sexual abuse
- Violent or threatening behaviour
- Controlling or coercive behaviour
- Economic abuse
- Psychological, emotional or other abuse
It is worth remembering that depending upon the nature of the abuse, and the problem being dealt with, it might be possible to obtain a Non-Molestation Injunction, or an Occupation Order, against the abuser.
The Act also prevents perpetrators and alleged perpetrators of abuse from cross-examining their victims (and vice versa) in certain circumstances – which helps to reduce the trauma that might be caused to a victim by having to face questions direct from their abuser in Court.
2023 will see the introduction of a Domestic Abuse Protection Notice (DAPN), giving the Police more powers to provide immediate protection to victims, and a Domestic Abuse Protection Order (DAPO), to enable the Court to provide more flexible and longer term protection for victims.
These changes, together with the ongoing work being undertaken by the Domestic Abuse Commissioner, will try to ensure that the voices of victims of domestic abuse are more likely to be heard.
For more information about this topic, please contact Giles Robinson.
