What Is the Domestic Abuse Definition?
The Domestic Abuse Act 2021 offers a comprehensive definition of domestic abuse.
Domestic abuse is behaviour by one person towards another person where:
- They are both over 16 years old
- They are personally connected – either in an intimate relationship, or a family member
- The behaviour is abusive
The definition is deliberately broad. It recognises that abuse is not limited to physical violence.
What Types of Behaviour Count as Domestic Abuse?
Under the Act, abusive behaviour includes:
Physical or Sexual Abuse
- Assault or physical harm
- Sexual violence or coercion
Violent or threatening behaviour
- Yelling and shouting
- Verbal humiliation
- Insults and threats
Controlling or coercive behaviour
- Isolating an individual from their family and friends
- Constant monitoring of an individual’s movements and activities
- Restricting autonomy or independence
Economic abuse
- Behaviours that affect an individual’s access to money or make them economically dependent on the abuser
Psychological, emotional or other abuse
- Convincing an individual to doubt their own sanity – ‘gaslighting’
- Online monitoring and tracking
Importantly, the domestic abuse definition covers behaviour that may not leave visible injuries but can have long-lasting emotional and psychological impact.
Those who have been subjected to domestic abuse often suffer continuing controlling or coercive behaviour from the perpetrator. The Serious Crime Act 2015 introduced a new criminal offence of controlling and coercive behaviour, which aims to recognise and hold accountable the behaviours which aim to create a sense of fear and compliance through undermining an individuals’ independence and autonomy. This new offence aims to hold perpetrators accountable for non-physical abuse which may not always be visible to outsiders.
How Do Family Courts Approach Domestic Abuse?
In family proceedings, domestic abuse is highly relevant where decisions are being made about:
Parental responsibility
Contact arrangements
Protective injunctions
The court’s primary concern is the child’s welfare. Allegations of abuse may lead to a fact-finding hearing, where a judge determines whether the alleged behaviour occurred.
Domestic abuse does not need to be criminally proven for the family court to consider it. The court applies the civil standard of proof, meaning it must be more likely than not that the behaviour occurred.
What Evidence Will the Court Consider?
Domestic abuse can be a singular event, or a pattern of behaviour. The court will look at a variety of evidence when considering domestic abuse, including:
- Text messages and social media posts
- Witness statements
- Previous court orders
- Police records – including interviews and cautions.
- Written records – for example diary entries including dates, times and details of incidents.
- Photographs – for example of injuries or property damage.
- Medical records – GP and other medical professionals’ notes regarding injuries or emotional distress.
If you, or someone you know, has experienced domestic abuse, please find support and advice by following this link:
Mind: Guide to getting help and support for abuse.
Speak to a Family Law Solicitor
Experiencing domestic abuse can be overwhelming, particularly where children or court proceedings are involved. Sensitive, practical legal advice can help you feel informed and supported at a difficult time.
Our Family Law team provides confidential advice from our offices across Dorset, including Bridport, Dorchester, Weymouth and Portland.
Complete the contact form or visit our contact page to speak with a member of our team in confidence.
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