Legal News

The landmark Domestic Abuse Act 2021 creates the first statutory definition of such offences to do away with the outdated idea that abuse is not solely physical but can also be coercive, controlling or economic.

While it is clear that much more still needs to be done to provide victims of domestic violence with the protection and support they need, this new bill is clearly a step in the right direction.

The updating of legislation has been discussed in Parliament since 2017 and is long overdue.

In January 2019, a draft bill was presented and this was reintroduced in March 2020. However, due to the ongoing Covid-19 pandemic, the bill did not get Royal Assent until April 2021.

The bill covers 7 key areas:

1. The definition of domestic abuse
2. A domestic abuse commissioner
3. Powers for dealing with domestic abuse
4. Local authority support
5. Protection for victim and witnesses in legal proceedings
6. Offences involving abusive or violent behaviour
7. Miscellaneous and general

The Act affords protection to those over the age of 16 who are personally connected to or are themselves victims of abusive behaviour. Importantly, it defines that behaviour, including, but is not limited to, physical, psychological, sexual and economic abuse.

An important change to the law is that it affords protection towards victims of behaviour which has occurred in a single incident, or in a course of conduct. Previously, domestic abuse was not on a statutory footing and therefore protection was generally limited only to incidents occurring in a course of conduct.

The new Act also protects children under the age of 16, who see, hear or experience the effects of abuse.

The Domestic Abuse Act 2021 has introduced Domestic Abuse Protection Notices (DAPN) and Domestic Abuse Protection Orders (DAPO). This change allows victims, police and relevant third parties to apply, whereas the previous Domestic Violence Protection Orders (DVPO) were only issued by the police.

Public funding (legal aid) is available for those seeking to apply for a DAPO, therefore reducing the financial pressures, and relieving anxieties during an already traumatic time for the victim. No court fees are required in relation to applying for DAPO, thus making it easier for victims to take advantage of this protection.

In relation to family law cases, the Act automatically places a duty on the court to consider whether the person is vulnerable and if so, they can make directions for additional special measures. It is hoped that over time, this duty will be an automatic entitlement for victims to be eligible for special measures, however this is subject to further statutory guidance.

The Act also restricts alleged perpetrators from cross examining victims during proceedings if they are convicted, cautioned or charged with a specific offence and do not have legal representation. If this occurs, the court can consider if it is appropriate to use court funds to provide an advocate for the alleged perpetrator for the purposes of cross examination.

The changes regarding cross examination and special measures are likely to come into force in spring 2022.

The new legislation also places further pressure on local authorities to provide assistance and support to victims of domestic abuse. If a victim presents as homeless, they do not need to evidence that they are a vulnerable person, they will automatically be given priority to access accommodation, providing they can meet the definition outlined in Section 1 of the Act.

Despite not all of the new provisions being in place, this new bill is a long overdue recognition that our previous laws were outdated and in need of a major overhaul, and will provide much needed protection for some of the most vulnerable in our society.


Author Natalie Bapty is a trainee solicitor within our family department based in Bradford and is under the supervision of director Meena Kumari.

Contact Natalie on 01924 664547 or email natalieba@duncanlewis.com

Contact Meena on 01924 664548 or email meenaku@duncanlewis.com