What is the Domestic Abuse Bill 2021 and how will it help?

Millions of people experience domestic abuse every year, more protection for victims was needed alongside stronger measures to tackle perpetrators.

In the United Kingdom, domestic abuse is a common issue. The Domestic Abuse Bill 2021 aims to protect victims of domestic violence and abuse by emphasising issues such psychological abuse and coercive control in addition to physical violence. It will also offer further protection for victims such as prohibiting perpetrators of abuse from cross-examining their victims in person in family and civil courts.

The Domestic Abuse Bill passed both Houses of Parliament and was signed into law on 29 April 2021.

Detailed factsheets on each new measure are available on gov.uk

This information below comes from the Domestic Abuse Factsheet here

How will the Act help victims?

The Domestic Abuse Act will:

• create a statutory definition of domestic abuse, emphasising that domestic abuse is not just physical violence, but can also be emotional, coercive or controlling, and economic abuse. As part of this definition, children will be explicitly recognised as victims if they see, hear or otherwise experience the effects of  abuse;
• create a new offence of non-fatal strangulation;
• extending the controlling or coercive behaviour offence to cover post-separation abuse;
• extend the ‘revenge porn’ offence to cover the threat to disclose intimate images with the intention to cause distress;
• clarify the law to further deter claims of “rough sex gone wrong” in cases involving death or serious injury;
• create a statutory presumption that victims of domestic abuse are eligible for special measures in the criminal, civil and family courts (for example, to enable them to give evidence via a video link);
• establish in law the Domestic Abuse Commissioner, to stand up for victims and survivors, raise public awareness, monitor the response of local authorities, the justice system and other statutory agencies and hold them to account in tackling domestic abuse;
• place 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;
• ensure that when local authorities rehouse victims of domestic abuse, they do not lose a secure lifetime or assured tenancy;
• provide that all eligible homeless victims of domestic abuse automatically have ‘priority need’ for homelessness assistance;
• stop vexatious family proceedings that can further traumatise victims by clarifying the circumstances in which a court may make a barring order under section 91(14) of the Children Act 1989;
• prohibit GPs and other health professionals from charging a victim of domestic abuse for a letter to support an application for legal aid

How will the Act strengthen measures to tackle perpetrators?

The Domestic Abuse Act will:

• prohibit perpetrators of abuse from cross-examining their victims in person in family and civil courts in England and Wales;
• bring the case of R vs Brown into legislation, invalidating any courtroom defence of consent where a victim suffers serious harm or is killed;
• enable domestic abuse offenders to be subject to polygraph testing as a condition of their licence following their release from custody;
• extend the extraterritorial jurisdiction of the criminal courts in England and Wales, Scotland and Northern Ireland to further violent and sexual offences;
• provide for a new Domestic Abuse Protection Notice and Domestic Abuse Protection Order, which will prevent perpetrators from contacting their victims, as well as force them to take positive steps to change their behaviour, e.g. seeking mental health support;
• Extend the extraterritorial jurisdiction of the criminal courts in England and Wales, Scotland and Northern Ireland to further violent and sexual offences;
• Introduce a statutory duty on the Secretary of State to publish a domestic abuse perpetrator strategy (to be published as part of a holistic domestic abuse strategy).

Domestic violence is a serious issue that affects many people all over the world. It can be difficult to escape and even more so when you have children involved too. The new bill will hopefully now offer better protection to victims, and help ensure they are clear about their rights.

If you or someone you know needs assistance with this matter please seek professional advice.  This NHS website gives details of various organsiations who can offer immediate support and advice and just what you should do if you find yourself a victim of domestic abuse:  https://www.nhs.uk/live-well/healthy-body/getting-help-for-domestic-violence/

If you need legal advice in relation to this matter please do feel free to contact our team on 01392 424242 or email .  Our understanding and approachable family legal team have extensive knowledge on such matters and are experienced in dealing with clients who have experienced all types of abuse. We can act very quickly to protect you, under the strictest confidence. If you are unsure about your rights and how best to protect yourself, then contact us by – we will respect your privacy and the need for complete confidentiality.

Legal aid may still be available for cases involving domestic abuse and we can help you apply if this applies to you.

We want nothing more than for every person who calls us needing help to find safety and peace again after experiencing such trauma.