- Updated on 18 February 2026 to ensure accuracy in light of current legislation and family court practice.
The Purpose and Scope of the Domestic Abuse Act 2021
The Domestic Abuse Act 2021 represents one of the most significant reforms to domestic abuse law in recent years. It followed extensive consultation and growing recognition that existing legislation did not fully reflect the realities of modern abuse.
Official statistics highlighted the scale of the issue. In the year ending March 2020, an estimated 2.3 million adults experienced domestic abuse. During the coronavirus pandemic, reports of abuse increased, placing further pressure on support services and the justice system.
A Statutory Definition of Domestic Abuse
For the first time, the Domestic Abuse Act 2021 placed a legal definition of domestic abuse into statute.
S1 of the Domestic Abuse Act 2021 (DAA 2021) provides a definition of domestic abuse as:
Behaviour by 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, and (b) the behaviour is abusive.
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 (3) psychological, emotional or other abuse.
It does not matter whether the behaviour consists of a single incident or a course of conduct.
S3 of the Domestic Abuse Act 2021 specifically refers to children as victims of domestic abuse. This recognition is particularly important in family proceedings, where the welfare of the child is the court’s primary consideration.
It provides that where behaviour of a person towards another person is domestic abuse, then : any reference in the 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 the two.
By placing this definition on a statutory footing, the law ensures consistency across public agencies, courts and local authorities.
For a detailed explanation of what behaviours fall within the definition, see our related article: What counts as domestic abuse in family court?
Who Is Considered “Personally Connected”?
The Act widened the meaning of “personally connected”. It includes individuals who:
- are or have been married to each other;
- are or have been civil partners to each other;
- have agreed to marry one another (whether or not the agreement has been terminated);
- have entered into a civil partnership agreement (whether or not the agreement has been terminated);
- are or have been in an intimate personal relationship with each other
- share parental responsibility for a child
- are relatives
Importantly, the Act recognises abuse that continues after separation. Former partners who no longer live together are still covered, particularly where controlling or coercive behaviour persists.
Recognition of Controlling and Coercive Behaviour
Controlling or coercive behaviour was criminalised under the Serious Crime Act 2015. The Domestic Abuse Act 2021 reinforced the seriousness of this form of abuse and clarified that it can occur outside cohabiting relationships.
This is significant because many victims experience ongoing manipulation, intimidation or financial control long after a relationship has ended. The law now reflects that abuse is often about power and control, not only physical violence.
New Criminal Offences
The Domestic Abuse Act 2021 introduced additional protections, including:
Non-Fatal Strangulation
Non-fatal strangulation and asphyxiation are recognised risk indicators for serious harm. The Act created a specific offence to address this conduct and to intervene before it escalates further.
Threats to Disclose Intimate Images
The Act expanded protections relating to intimate image abuse, often referred to as “revenge pornography”. Threatening to disclose intimate images with intent to cause distress is now a criminal offence.
Domestic Abuse Protection Notices and Orders
The Act introduced Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs).
These cannot be issued to under 18’s; the DAPO can be made for longer than 28 days; there is a change in name from “violence” to “abuse” and the new Orders allow victims, the police and relevant third parties to apply for a DAPO, and in particular, to enable family members and friends to apply directly. It is possible for courts to make a DAPO of their own volition during certain other existing court proceedings, which do not have to be domestic abuse-related, such as in children and divorce cases before the courts.
A pilot scheme for DAPNS and DAPOs commenced in late November 2024 in the greater Manchester and South London areas , North Wales, Cleveland, Tameside and as from 21 November 2025 the pilots have now been extended to 31 March 2026.
These measures allow:
- Immediate protection following an incident
- Requirements for perpetrators to leave a shared home
- Longer-term court-ordered restrictions
Applications may be made by the police and, in certain circumstances, by third parties. These protections can operate alongside family court proceedings.
Housing and Support for Victims
The Act placed new duties on local authorities to support victims and their children.
Anyone made homeless as a result of domestic abuse now has automatic priority need for homelessness assistance. Local authorities must also ensure the availability of safe accommodation and support services such as counselling and advocacy.
Relevance in Family Court Proceedings
Although much of the Act concerns criminal law, its impact on family proceedings is substantial.
Allegations of domestic abuse may influence:
- Child arrangements
- Parental responsibility
- Protective injunctions
- Contact decisions
Family courts apply the civil standard of proof. A criminal conviction is not required for the court to consider allegations of abuse.
Understanding how the Domestic Abuse Act 2021 interacts with family law is essential for anyone involved in private children proceedings or disputes following separation.
Why the Domestic Abuse Act 2021 Still Matters
Since receiving Royal Assent on 29 April 2021, the Domestic Abuse Act 2021 has reshaped how abuse is defined and addressed in England and Wales.
It broadened the legal understanding of abuse, strengthened protective measures and clarified the position of children affected by domestic violence and coercive control.
For individuals navigating separation or court proceedings, the Act provides a clearer framework for protection and accountability.
Speak to a Family Law Solicitor
If domestic abuse is relevant to your circumstances, whether you are seeking protection or responding to allegations, early legal advice is important.
Our Family Law team provides confidential advice from our offices across Dorset, including Bridport, Dorchester, Weymouth and Portland.
Complete the contact form below or visit our contact page and a member of our team will respond promptly.
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