The new Domestic Abuse Act 2021 law on domestic violence brings important changes, which also allow important developments for front-line professionals, who will be able to raise awareness and ensure the protection of victims who have survived domestic violence. Many of the provisions in the act apply to England and Wales, or England, only. The provisions in the act linked to delegated affairs in Scotland and Northern Ireland. At the demand of the Scottish Government and the Department of Justice in Northern Ireland, the act incorporates similar provisions for Scotland and Northern Ireland stretching the extraterritorial jurisdiction of the criminal courts.
For the first time, a legal terminology of domestic violence has been established. The act conceives a statutory solution of domestic abuse, form on the actual cross-government interpretation. ’Abusive behaviour is defined in the act as any of the following:
• physical or sexual abuse.
• violent or threatening behaviour.
• controlling or coercive behaviour.
• economic abuse.
• psychological, emotional, or other abuse.
For the definition to apply, both parties must be aged 16 or over and “personally connected.” “Personally connected” is defined in the act as parties who:
• are married to each other.
• are civil partners of each other.
• have agreed to marry one another (whether the agreement has been terminated).
• have entered into a civil partnership agreement (whether the agreement has been terminated).
• are or have been in an intimate personal relationship with each other.
• have, or there has been a time when they each have had, a parental relationship in relation to the same child.
• are relatives.’
The terminology of domestic violence is neutral, not aim attention at gender, to assure that all types of domestic violence are protected, and that no victim is blocked from defence or means of entry to assistance. Nevertheless, the statute is disposed to nearly all violence against women.
Children are identified as victims if they see, hear, or experience the events of abuse. This statutory appreciation of the consequences on children will release financial support for shelter services for them. Level 1 authorities such as the Greater London Authority now have an obligation to assess needs and provide accommodation for survivors and their children; priority to housing should be automatically granted to them, or tenancies maintained in the case a move is needed because of abuse.
Lawyers will be involved by several measures of the law. The introduction of Domestic Abuse Protection Orders (DAPO) and Domestic Abuse Protection Notices (DAPN) will increase the management of offenders by courts and police forces. DAPOs and DAPNs will take the place of domestic violence protection orders and advisories. DAPOs are purposed to become the “go order”. DAPOs set conditions on criminals like non-aggression orders, but also pass constructive prerequisites, such as cooperation in a plan of action for perpetrators or electronic surveillance. These injunctions will be accessible in criminal, family and civil courts and can be requested by victims, lawyers, and third parties, or made ex officio by the courts. Non-assault orders will stay and funded by legal aid.
During the next two years, these actions will be evaluated. Engagement with the profession will be fundamental, it is crucial to circulate the interests of these new protections, while ensuring that they are part of aid integrated with other family procedures to provide whole protection and support.
The act also includes a new offence, ‘non-fatal strangulation’, included following the trial and conviction of British backpacker murderer Grace Millane in New Zealand, who saw the plead a “rough sex” defence; the offense of ‘revenge pornography’ has also been placed on a legal basis and extended to cover the threat of disclosure of intimate images with the intention of causing distress; prohibition by perpetrators to cross-examine survivors in person in family courts and civilians; ban on practitioners and other healthcare professionals to charge a victim of domestic violence for a letter for legal aid.
Although there are positive points, it is regretted certain gaps. The government rejected key amendments such as protection for migrant women when they try to access support and protection from abuse. In addition, there is no longer a register for serial perpetrators of domestic violence and criminal harassment, which are also wanted by front-line agencies, precluding prevention of homicide prevention.