Wednesday, May 5, 2021

We're glad to see that the Domestic Abuse Bill has now passed into law.

This Act is a step forward in terms of how our services and the UK Government understand and react to domestic abuse. Among other things, it extends the definition of abuse to cover a wide-ranging set of factors that survivors sadly often have to endure, and recognises that children involved are also affected by these experiences.

Though more work needs to be done, this legislation could pave the way for more effective work to prevent domestic abuse from occurring and the trauma it can cause for those involved, as well as supporting survivors after it has happened.

For more information about what the Act includes, see the Government's press release below:

 

The Domestic Abuse Act will provide further protections to the millions of people who experience domestic abuse and strengthen measures to tackle perpetrators.  

For the first time in history there will be a wide-ranging legal definition of domestic abuse which incorporates a range of abuses beyond physical violence, including emotional, coercive or controlling behaviour, and economic abuse.  

The measures include important new protections and support for victims ensuring that abusers will no longer be allowed to directly cross-examine their victims in the family and civil courts, and giving victims better access to special measures in the courtroom to help prevent intimidation – such as protective screens and giving evidence via video link.

Police will also be given new powers including Domestic Abuse Protection Notices providing victims with immediate protection from abusers, while courts will be able to hand out new Domestic Abuse Protection Orders to help prevent offending by forcing perpetrators to take steps to change their behaviour, including seeking mental health support or drug and alcohol rehabilitation.

In recent weeks, the government has added new measures to the bill to further strengthen the law, including creating a new offence of non-fatal strangulation, extending an offence to cover the threat to disclose intimate images, and clarifying the law to further clamp down on claims of “rough sex gone wrong” in cases involving death or serious injury. 

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Other measures included in the act include:  

  • extending the controlling or coercive behaviour offence to cover post-separation abuse
  • explicitly recognise children as victims if they see, hear or experience the effects of  abuse 
  • establish in law the office of Domestic Abuse Commissioner and set out the Commissioner’s functions and powers
  • placing a duty on local authorities in England to provide support to victims of domestic abuse and their children in refuges and other safe accommodation 
  • provide that all eligible homeless victims of domestic abuse automatically have ‘priority need’ for homelessness assistance
  • place the guidance supporting the Domestic Violence Disclosure Scheme (“Clare’s law”) on a statutory footing