Domestic abuse is a serious issue that affects millions of people in the United Kingdom. The UK government has taken significant steps to address this problem, including the introduction of the Domestic Abuse Act 2021, which provides a comprehensive legal framework for understanding and tackling domestic abuse.
Definition of Domestic Abuse
Under UK law, domestic abuse is defined as any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence, or abuse between individuals aged 16 or over who are, or have been, intimate partners or family members. This abuse can encompass, but is not limited to:
1. Psychological abuse
2. Physical abuse
3. Sexual abuse
4. Financial abuse
5. Emotional abuse
It’s important to note that domestic abuse is not limited to physical violence. The law recognises that abuse can take many forms and can be just as damaging without physical assault.
Key Elements of Domestic Abuse
Controlling Behaviour
This involves a range of acts designed to make a person subordinate and/or dependent. It may include isolating them from sources of support, exploiting their resources for personal gain, depriving them of the means needed for independence, resistance, and escape, and regulating their everyday behaviour.
Coercive Behaviour
This refers to an act or pattern of acts of assault, threats, humiliation, and intimidation or other abuse used to harm, punish, or frighten the victim.
Persons Protected by the Law
The law protects individuals aged 16 or over who are, or have been, intimate partners or family members, regardless of gender or sexuality. This includes:
- Spouses or civil partners
- Ex-spouses or ex-civil partners
- Cohabiting partners
- Family members
- Individuals who share parental responsibility for a child
Legal Protections and Remedies
The Domestic Abuse Act 2021 introduced several key measures to protect victims and punish perpetrators:
1. Creation of a statutory definition of domestic abuse
2. Establishment of the office of Domestic Abuse Commissioner
3. Introduction of Domestic Abuse Protection Notices and Domestic Abuse Protection Orders
4. Prohibition of cross-examination of victims by their abusers in family courts
5. Recognition of children as victims of domestic abuse if they see, hear, or experience its effects
Additionally, victims can seek non-molestation orders, occupation orders, and restraining orders through the civil courts.
Criminal Offences
While there is no specific crime of “domestic abuse” in UK law, many acts of domestic abuse are criminal offences, including:
- Assault and battery
- Sexual offences
- Stalking and harassment
- Coercive control (a standalone offence since 2015)
- Breach of restraining orders or other protective orders
Reporting and Support
Victims of domestic abuse are encouraged to report incidents to the police. The UK also has a network of support services, including the National Domestic Abuse Helpline and local support organisations.
Conclusion
UK law provides a robust framework for understanding and addressing domestic abuse. By recognising various forms of abuse and offering multiple avenues for protection and support, the legal system aims to safeguard victims and hold perpetrators accountable. However, continued efforts in education, prevention, and support are crucial in the ongoing fight against domestic abuse.
If you are concerned about domestic abuse for yourself or someone you know, contact Sarah Lightfoot-Webber, our Domestic Abuse specialist, on 01489 774821 or sarah.lightfoot-webber@ericrobinson.co.uk for a free, informal and confidential appointment.
