Domestic Abuse Act 2021—special measures as to evidence and participation in proceedings

Published by a LexisNexis Family expert
Practice notes

Domestic Abuse Act 2021—special measures as to evidence and participation in proceedings

Published by a LexisNexis Family expert

Practice notes
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The Domestic abuse Act 2021 (DAA 2021) contains enhanced Scope for special measures directions to be made in family (and other types of proceedings) where a person is a victim of or at risk of domestic abuse. The aim of the measures is to help victims of domestic abuse to give best quality evidence and participate in proceedings without there being any perpetuation of the domestic abuse they have experienced. At the early stages of proceedings, it is important to consider what support may be available to a victim, what relief might achieve this and what special measures can assist a potential victim to feel most comfortable to provide best evidence that is going to be of the greatest assistance to the court. See also Practice Note: The definition of domestic abuse under the Domestic Abuse Act 2021.

DAA 2021, s 63, as to special measures in family proceedings for victims of domestic abuse, came into force from 1 October 2021, in accordance with the Domestic Abuse Act 2021 (Commencement

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Jurisdiction(s):
United Kingdom
Key definition:
Domestic abuse definition
What does Domestic abuse mean?

The DAA 2021 creates, for the first time, a cross-government statutory definition of domestic abuse. According to the government’s factsheet the definition is ‘…to ensure that domestic abuse is properly understood, considered unacceptable and actively challenged across statutory agencies and in public attitudes’. The definition of domestic abuse is in two parts. The first part deals with the relationship between the abuser and the abused and the second part defines what constitutes abusive behaviour. The definition is broad and includes controlling or coercive behaviour and economic abuse. For the purposes of DAA 2021, the behaviour of a person towards another person is domestic abuse if: •both parties 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, which means any behaviour that has a substantial adverse effect on that person’s ability to: ?acquire, use or maintain money or other property, or ?obtain goods or services •psychological, emotional or other abuse The behaviour can consist of a single incident or a course of conduct. For the purposes of DAA 2021, behaviour may be behaviour towards a person despite the fact that it consists of conduct directed at another person, for example, towards that person’s child. This confers the formal status of victim of domestic abuse not only on the victim themselves, but on any child who has seen, heard or experienced the effects of domestic abuse. References in DAA 2021 to being abusive towards another person are to be read in accordance with this.

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