Domestic Abuse- Definitions Flashcards
Q: What does the DA Act 2021 introduce?
The Domestic Abuse Act 2021 does not create a DA offence. It provides a statutory defence of DA for the first time. This definition applies to matters dealt with by the Act and provide guidance to the agencies, including the police, who are called upon to deal with issues arising.
Q: What is the definition of domestic abuse?
S1 Domestic Abuse Act 2021
(1) This section defines “domestic abuse” for the purposes of this Act.
(2) Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if—
(a) A and B are each aged 16 or over and are personally connected to each other, and
(b) the behaviour is abusive.
Q: What is meant by ‘abusive’?
S1(3)
Behaviour is “abusive” if it consists of any of the following-
(a) physical or sexual abuse;
(b) violent or threatening behaviour;
(c) controlling or coercive behaviour;
(d) economic abuse (see subsection (4));
(e) psychological, emotional or other abuse;
and it does not matter whether the behaviour consists of a single incident or a course of conduct.
Q: What is ‘economic abuse’?
S1(4) DA 2021
“Economic abuse” means any behaviour that has a substantial adverse effect on B’s ability to—
(a) acquire, use or maintain money or other property, or
(b) obtain goods or services.
Q: Can the behaviour be aimed at another person?
S1(5)
This behaviour may be behaviour consisting of conduct directed at another person (eg: D’s child).
Q: Does the Act apply to one gender? Eg: women victims only and male perpetrators
The Act does not specify one gender as being the victim and the other as the perpetrator. Domestic Abuse works both ways!!
Q: How must the victim and perpetrator be connected for it to be domestic abuse?
Under the s1 definition, A and B must be personally connected. This is the domestic aspect of domestic abuse.
Q: What is meant by ‘personally connected’?
S2 DA Act 2021- definition of ‘personally connected’
(1) for the purposes of this Act, two people are ‘personally connected’ to each other if any of the following applies-
(a) they are, or have been, married to each other;
(b) they are, or have been, civil partners of each other;
(c) they have agreed to marry one another (whether or not the agreement has been terminated);
(d) they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
(e) they are, or have been, in an intimate personal relationship with each other;
(f) they each have, or there has been a time when they each have had, a parental relationship in relation to the same child
(g) they are relatives.
Q: What does ‘parental relationship’ mean?
S2(2) A person has a parental relationship in relation to a child if-
(a) the person is a parent of the child, or
(b) the person has a parental responsibility for the child
Q: Can children be victims of domestic abuse?
S3 DA Act 2021
(1) This section applies where behaviour of a person (“A”) towards another person (“B”) is domestic abuse.
(2) Any reference in this Act to a victim of domestic abuse includes a reference to a child who—
(a) sees or hears, or experiences the effects of, the abuse, and
(b) is related to A or B.
Q: When is a child considered to be related to a person for the purposes of subsection (2)?
S3(3) A child is related to a person if
(a) the person is a parent of, or has parental responsibility for, the child, or
(b) the child and the person are relatives.
Q: What does ‘child’ and ‘relative’ mean?
S3(4)
Child- means a person under 18
Relative- same meaning given by Family Law Act 1996 which is father, mother, step-father, step-mother, son, daughter, step-son, step-daughter, grandmother, grandfather, grandson, granddaughter of that person or that persons’ spouse, former spouse, civil partner or former civil partner.
Or the brother, sister, uncle, aunt, niece, nephew or first-cousin of that person or that persons’ spouse, former spouse, civil partner or former civil partner.
Q: What other terms are defined in the 2021 Act?
The other terms used in s1 such as ‘coercive’ or ‘controlling’ behaviour are not specifically defined in the 2021.
Q: What offence did s76 Serious Crime Act 2015 introduce?
S76 Serious Crime Act 2015 introduced an offence of controlling and coercive behaviour in an intimate or family relationship in recognition of the severe impact of coercive control, economic abuse, threats, psychological and emotional abuse, whether accompanied by physical abuse.
This offence covers behaviour between current and former intimate partners and family members who are living together.
Q: How will the 2021 Act change this when fully in force?
The 2021 Act, when fully in force, will remove the living together requirement, to allow action to the taken in situations where the relevant persons are no longer living together.
