Landmark Domestic Abuse Bill given Royal Assent

On 29 April 2021, the Domestic Abuse Bill received Royal Assent, in a measure which many campaigners hope will provide relief to the approximately 2.3 million people who experience domestic abuse in the UK every year.

In this article, family law solicitor Allie Pitchford explains the important changes the Act will bring into place.

A statutory definition of domestic abuse

The Bill will bring about several welcome changes, including creating a statutory definition of domestic abuse. Under section 1 of the Domestic Abuse Act, domestic abuse is defined as behaviour which occurs between two people, who are connected to each other and over the age of 16, where the behaviour includes physical abuse, sexual abuse, violent/threatening behaviour, controlling or coercive behaviour, economic abuse, psychological abuse, emotional abuse, or other forms of abuse.

More recently, the UK courts have come to understand the varied and insidious forms that domestic abuse can take, with coercive and controlling behaviour becoming a criminal offence in 2015; however, prior to the passage of the Domestic Abuse Bill, there was no legal definition of domestic abuse.

This new definition emphasises that abuse is not restricted to sole acts of physical violence, with the hope that this will encourage judges to consider the whole circumstances of a relationship, and the patterns and power dynamics within it when they are asked to consider issues of abuse in the criminal or family court context. The Act also recognises in statute that children who witness domestic abuse are not merely “witnesses” to the abuse but are victims of it as well.

Practical changes

The Bill introduces several practical changes, which are likely to have a tremendous positive impact. For years, practitioners in the family courts have protested that domestic abuse perpetrators were being permitted to cross-examine their victims in person during family court proceedings – an experience that many understandably reported as re-traumatising. Under the new legislation, perpetrators will be prohibited from cross-examining their victims.

The Bill also creates a presumption that courts and judges should make special arrangements for victims of domestic abuse who are attending court. At present, special arrangements during court proceedings are available; however, the burden falls to the victim or their representatives to request these measures from the court. Now, it will be expected that judges consider whether special measures would be appropriate of their own accord. There are a variety of accommodations which can and now should be offered to victims, including separate waiting rooms prior to entering the court room, or, during this current period when so many hearings are occurring via video link, permitting victims to give court testimony with their cameras off.

Domestic Abuse Protection Order

At present, people experiencing domestic abuse can apply to the family courts for a non-molestation order and/or an occupation order. A non-molestation order prohibits the perpetrator from doing a certain act, such as contacting their victim. If the perpetrator violates the order, they can be arrested immediately. Under an occupation order, a perpetrator may be excluded from a property such as the family home.

This Bill creates two new measures designed to protect domestic abuse victims: the Domestic Abuse Protection Notice and Domestic Abuse Protection Order. Domestic Abuse Protection Notices will require a perpetrator immediately to leave the property, for a period of up to 48 hours. They are designed to provide immediate relief to domestic abuse victims. Victims will also have the power to apply to the family or magistrates’ courts for a Domestic Abuse Protection Order, which can bar a perpetrator from contacting their victim, from coming within a certain distance of their home/place of work or from entering any premises where they live with their victim.

Judges will have the power to impose certain conditions on perpetrators under a Domestic Abuse Protection Order, such as requiring them to obtain mental health support. The hope is therefore that these orders will not only provide immediate relief and safety to victims of domestic abuse, but that they will promote long-term behavioural changes in perpetrators to reduce the likelihood that they will repeat their abusive behaviour in the future.

Non-molestation orders and occupation orders will still be available as remedies; however, the intention behind the legislation appears to be that Domestic Abuse Protection Orders will be sought/ordered in all cases where there has been domestic abuse. Therefore, it remains to be seen how these various orders will overlap and intersect.

The Domestic Abuse Bill establishes much-needed provisions, designed to address the myriad forms and impacts of domestic abuse. It remains to be seen how practitioners and judges will respond to these changes, and whether or not they embrace the spirit of these reforms, which will have a real impact on how the change is felt by those who most need the law’s protection. However, the Bill represents an encouraging step in the right direction.