Domestic abuse policy & procedure
4. Key information and definitions
4.1 Statutory Definition of Domestic Abuse
The Domestic Abuse Act 2021 defines domestic abuse as:
The behaviour of a person ("A") towards another person ("B") is "domestic abuse" if:
- A and B are each aged 16 or over and are personally connected to each other, and
- the behaviour is abusive.
Behaviour is "abusive" if it consists of any of the following:
- physical or sexual abuse
- violent or threatening behaviour
- controlling or coercive behaviour
- economic abuse
- psychological, emotional or other abuse
And it does not matter whether the behaviour consists of a single incident or a course of conduct.
"Economic abuse" means any behaviour that has a substantial adverse effect on B's ability to:
- acquire, use or maintain money or other property, or
- obtain goods or services.
For the purposes of this Act A's behaviour may be behaviour "towards" B despite the fact that it consists of conduct directed at another person (for example, B's child).
A child who sees, hears or experiences the effects of domestic abuse and is related to the person being abused or the perpetrator, is also to be regarded as a victim of domestic abuse.
4.2 Who can experience domestic abuse?
Definition of "personally connected"
For the purposes of this Act, two people are "personally connected" to each other if any of the following applies:
- they are, or have been, married to each other.
- they are, or have been, civil partners of each other.
- they have agreed to marry one another (whether or not the agreement has been terminated).
- they have entered into a civil partnership agreement (whether or not the agreement has been terminated).
- they are, or have been, in an intimate personal relationship with each other.
- they each have, or there has been a time when they each have had, a parental relationship in relation to the same child.
- they are relatives.
Victim and survivor - these terms are used to describe people directly affected by domestic abuse, including those who have witnessed it. We will follow the lead of the person seeking support, since the journey of the victim to survivor is unique to each person.
Domestic abuse can also occur through the actions of immediate and extended family members through unlawful acts including, but not limited to:
- Forced marriage
- Honour-based abuse
- Female genital mutilation (FGM).
The full legal definition can be found at Domestic Abuse Act 2021 (legislation.gov.uk) (opens new window).