1. What is Domestic Abuse?

The statutory guidance to the Domestic Abuse Act, 2021 gives an extended definition of domestic abuse. It is worth giving this in full, since it explains key terms such as when individuals are to be considered ‘personally connected.’ The definition states:

Section 1: Definition of “domestic abuse”

(1) This section defines “domestic abuse” for the purposes of this Act. 

(2) Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if—

(a) A and B are each aged 16 or over and are “personally connected” to each other,

 and 

(b) the behaviour is abusive. 

(3) Behaviour is “abusive” if it consists of any of the following—

(a) physical or sexual abuse; 

(b) violent or threatening behaviour; 

(c) controlling or coercive behaviour; 

(d) economic abuse (see subsection (4)); 

(e) psychological, emotional or other abuse; 

and it does not matter whether the behaviour consists of a single incident or a course of conduct. 

(4) “Economic abuse” means any behaviour that has a substantial adverse effect on B’s ability to —

(a) acquire, use or maintain money or other property, or 

(b) obtain goods or services. 

(5) 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). 

(6) References in this Act to being abusive towards another person are to be read in accordance with this section. 

(7) For the meaning of “personally connected”, see section 2.

Section 2: Definition of “personally connected”

(1) Two people are “personally connected” to each other if any of the following applies —

(a) they are, or have been, married to each other; 

(b) they are, or have been, civil partners of each other; 

(c) they have agreed to marry one another (whether or not the agreement has been terminated); 

(d) they have entered into a civil partnership agreement (whether or not the agreement has been terminated); 

(e) they are, or have been, in an intimate personal relationship with each other; 

(f) they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (2)); 

(g) they are relatives.

(2) For the purposes of subsection (1)(f) a person has a parental relationship in relation to a child if —

(a) the person is a parent of the child, or; 

(b) the person has parental responsibility for the child.

(3) In this section —

“child” means a person under the age of 18 years; 

“civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;

“parental responsibility” has the same meaning as in the Children Act 1989; 

“relative” has the meaning given by section 63(1) of the Family Law Act 1996.

Section 3: Children as victims of domestic abuse 

(1) This section applies where behaviour of a person (“A”) towards another person (“B”) is domestic abuse. 

(2) Any reference in this Act to a victim of domestic abuse includes a reference to a child who –

 (a) sees or hears, or experiences the effect of, the abuse, and

 (b) is related to A or B. 

(3) A child is related to a person for the purposes of subsection (2) if –

 (a) the person is a parent of, or has parental responsibility for, the child, or 

 (b) the child and the person are relatives. 

(4) In this section –

 “child” means person under the age of 18 years; 

“parental responsibility” has the same meaning as in the Children Act 1989 (see section 3 of that Act); 

“relative” has the meaning given by section 63(1) of the Family Law Act 1996.

Four types of domestic abuse are identified in the guidance:

Intimate partner abuse

Teenage relationship abuse

Abuse by family members

Child-to-parent abuse

The toolkit has dedicated sections for the final three of these types.

1. Controlling and Coercive Behaviour

Coercive or controlling behaviour is a form of domestic abuse and is an offence in its own right. The statutory guidance gives the following examples:

Controlling or monitoring the victim’s daily activities and behaviour, including making them account for their time, dictating what they can wear, what and when they can eat, when and where they may sleep;

• Controlling a victim’s access to finances, including monitoring their accounts or coercing them into sharing their passwords to bank accounts in order to facilitate economic abuse;

• Isolating the victim from family, friends and professionals who may be trying to support them, intercepting messages or phone calls;

• Refusing to interpret and/or hindering access to communication; 

• Preventing the victim from taking medication, or accessing medical equipment and assistive aids, over-medicating them, or preventing the victim from accessing health or social care (especially relevant for disabled victims or those with long-term health conditions);

• Using substances to control a victim through dependency, or controlling their access to substances;

• Using children to control the victim, e.g. threatening to take the children away;

• Using animals to control or coerce a victim, e.g. harming or threatening to harm, or give away, pets or assistance dogs;

• Threats to expose sensitive information (e.g. sexual activity or sexual orientation) or make false allegations to family members, religious or local community including via photos or the internet;

• Intimidation and threats of disclosure of sexual orientation and/or gender identity to family, friends, work colleagues, community and others;

• Intimidation and threats of disclosure of health status or an impairment to family, friends, work colleagues and wider community – particularly where this may carry a stigma in the community;

• Preventing the victim from learning a language or making friends outside of their ethnic or cultural background;

• Threatening precarious immigration status against the victim, withholding documents, giving false information to a victim about their visa or visa application, e.g. using immigration law to threaten the victim with potential deportation;

• Using the victim’s health status to induce fear and restrict their freedom of movement;

• Threats of institutionalisation (particularly for disabled or elderly victims); and

• Physical violence, violent or threatening behaviour, sexual abuse, emotional or psychological abuse, economic abuse and verbal abuse 

For information on helping victims of coercive and controlling behaviour, see the following section on legal redress, and the section on engaging with children and non-abusing parents.

1. Stalking – section coming soon

1. How often does domestic abuse happen? Facts versus myths

The National Centre for Domestic Violence website gives a series of statistics that show the scale of domestic abuse; this includes the fact that 1 in 5 people experience domestic abuse in their lifetime. 

‘In their 2020 annual report, the Child Safeguarding Practice Review Panel found that domestic abuse was featured in 43% of incidents involving serious harm and 41% of fatal incidents.’

The Office of National Statistics provides further analysis that demonstrates the prevalence and impact of domestic abuse.

These statistics help to counter the following myths that have grown up around domestic abuse: 

Often, the mother is told that she is failing to protect her children or is minimising the risk and concerns, when in reality research shows that ending a domestically abusive relationship is the riskiest time of all. A lack of awareness of the risks and challenges of leaving an abusive relationship will limit our ability to understand the individual’s circumstances and how this is impacting on decisions they make. Women can often be held solely responsible for their children’s welfare; we should consider the language we use to avoid victim blaming. ‘Stop asking why the victim doesn’t leave and start asking why the perpetrator doesn’t stop.’ 

Although the numbers of women victims are higher (70% of all cases) and domestic abuse is often described as a gender-based violence, men can be victims too. We want professionals to remain open minded as the same barriers to disclosing abuse that deter women can also apply to men.

Domestic abuse within a household can have an impact on children even if they do not witness it.

Honour based violence can be misunderstood; although the majority of victims are female men can still be a victim of HBV and forced marriage. Male victims are often abused for associating with “dishonourable women”. Females, particularly female relatives and mothers can also commit HBV. In two notorious British “honour” violence killings the mothers Rukhsana Naz and Shafilea Ahmed were instrumental in their daughters abuse and murder and despite serving life sentences still refute any wrongdoing.

The following are significant risk factors for domestic abuse:

Significant risk factors

1) Victim’s perception of risk of harm: victims of domestic abuse often tend to underestimate their risk of harm from perpetrators of domestic violence. However, if they say they fear further harm to themselves, their child(ren) or someone else this should be taken seriously when assessing future risk of harm.

2) Separation and child contact: victims who attempt to end a violent relationship are strongly linked to intimate partner homicide. Many incidents happen as a result of child contact or disputes over custody.

3) Pregnancy/new birth (under 18 months old): domestic abuse can start or get worse in Pregnancy. Victims who are assaulted while pregnant, when they have recently given birth or who have young children should be considered as high risk. This is in terms of future harm to them and to the unborn/young child.

4) Escalation: repeat victimisation and escalation must be identified. Domestic abuse victims are more likely to become repeat victims than any other type of crime; as violence is repeated it gets more serious.

5) Community issues/isolation: needs may differ amongst ethnic minority victims, newly arrived communities, asylum seekers, older people, people with disabilities, as well as travelling or gay, lesbian, bisexual or transgender people. This might be in terms of perceived racism, language, culture, insecure immigration status and/or accessing relevant support services. Be aware of forced marriage and honour based violence where family/community try to restore their mistaken sense of honour and respect. Victims may be particularly isolated and/or vulnerable. Take their concerns seriously.

6) Stalking: Persistent and consistent calling, texting, sending letters, following. Stalking and physical assault are significantly associated with murder and attempted murder. This is not just about physical violence but also coercive control and jealous surveillance. Consider the perpetrator’s behaviour and whether victim believes it is being done to deliberately intimidate. Stalking is about fixation and obsession. We now know through research that 1 in 2 of domestic stalkers, if they make a threat will act on it.

7) Sexual assault: those who are sexually assaulted are subjected to more serious injury. Those who report a domestic sexual assault tend to have a history of domestic abuse whether or not it has been reported previously. Many domestic sexual offenders are high risk and potentially dangerous offenders. Be aware of the link between domestic and stranger rape.

8) Strangulation (choking/suffocation/drowning): Escalating violence, including the use of weapons and attempts at strangulation must be recorded when identifying and assessing risk. This includes all attempts at blocking someone’s airway.

9) Credible threats to kill: A credible threat of violent death can very effectively control people, and some may carry out this threat.

10) Use of weapons: Abusers who have used a weapon, or have threatened to use a weapon, are at increased risk of repeated violence.

11) Coercively control and/or excessive jealous behaviour: complete control of the victim’s activities and extreme jealousy are associated with serious violence and homicide. Consider honour-based violence – the victim may not have the freedom of choice. Examples may include fear of or actual forced marriage, controlling sexual activity, domestic abuse, child abuse, rape, kidnapping, false imprisonment, threats to kill, assault, harassment, forced abortion. The perpetrator may well try and control professionals as well.

12) Those with physical disabilities are more likely to suffer from domestic abuse as set out in the review completed by the Home Office in 2024 in relation to domestic homicide reviews and previously set out in the Public Health England review completed in 2015. This reflects a local trend showing a disproportionally low number of referrals to the HRDA process for those with physical disabilities (which is a trend mirrored nationally). Those who experience mental ill-health are also found to be more at risk of experiencing domestic abuse.

5. Impact on the victims of domestic abuse

The following extracts from the statutory guidance are a good introduction to the impact on children of domestic abuse:

132. A review of 877 child abuse cases between February 2011 to September 2013 showed that the majority (97%) of children living with domestic abuse are exposed to that abuse. Of the children exposed to the abuse, two thirds were directly harmed, most often physically or emotionally abused, or neglected. When looking at all children that were exposed to domestic abuse, over half had behavioural problems, or felt responsible or to blame for negative events. Difficulties adjusting at school were found in over a third of cases. 

133. Non-physical forms of domestic abuse like coercive control have a significant impact on children [footnote 89] and professionals focused on physical acts of violence may fail to understand the daily experience of victims and children, how it is affecting them, and the level of risk posed by perpetrators.

134. Experiencing domestic abuse perpetrated by or directed towards a relative can have devastating consequences for children. Experience of domestic abuse is recognised as an Adverse Childhood Experience (ACE). Other ACEs include physical, psychological, and sexual abuse, or household dysfunction such as having incarcerated relatives or relatives experiencing substance abuse or mental illness. Research suggests that ACEs can often overlap, occurring in clusters. [footnote 90] A child’s relationship with a trusted adult who has capacity to support them, wider family networks, friendship groups, and the type and frequency of the abuse are important factors.

In Plain Sight reports that ‘It has long been established that children who witness domestic abuse experience a range of harm. In Plain Sight evidences the overlap between domestic abuse and physical harm, the substantial number of children ‘acting out’ abusive behaviour and the numbers who are not known to children’s social care.’

The NSPCC Briefing The impact of domestic abuse on children and young people from the voices of parents and carers gives further useful insights in this area.

Research suggests that women from black and minority ethnic groups experience higher rates of domestic abuse:

The nature of domestic violence experienced by Black and minoritised women and specialist service provision during the COVID-19 pandemic: practitioner perspectives in England and Wales in: Journal of Gender-Based Violence Volume 7 Issue 2 (2023) (bristoluniversitypressdigital.com)

This report focuses on the ‘twin crises of increasing domestic violence and abuse (DVA) alongside the spread of COVID-19, both of which have disproportionately affected Black and minoritised communities. Our article draws upon the perspectives of 26 practitioners who provide specialist DVA services for Black and minoritised women and girls in England and Wales. ‘

1. The impact of domestic abuse on adult victims

Professionals working with children who experience domestic abuse will also need to understand, and be able to respond to, the experiences of adult victims, whether these are non-abusing parents or other family members. The statutory guidance identifies a number of impacts for these victims:

• Acute and long-term physical injury
• Secondary physical impacts, including stress-related conditions such as irritable bowel syndrome
• Psychological impacts such as isolation, a sense of worthlessness, depression and PTSD
• For the year ending March 2018, 11% of male and 7% of female victims of partner abuse attempted suicide in the previous year.
• Those who have experienced domestic abuse may develop addiction to smoking, drugs or alcohol as they try to shut out the trauma.
• There are links between women’s experience of domestic abuse and offending and reoffending. Data from the Ministry of Justice suggests that 57% of female offenders and 6% of male offenders have suffered domestic violence. [footnote 74] Women can be coerced or pressured into criminal activity by perpetrators, increasing their vulnerability and the risk of further abuse. This situation is often worsened by poverty, substance dependency or poor mental health.
• Trauma or coercive control may mean that an individual cannot work, placing them at risk of poverty and homelessness.

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1. Domestic Abuse: statutory guidance (accessible version) – GOV.UK (www.gov.uk), box 2.1
2. Domestic Abuse: statutory guidance (accessible version) – GOV.UK (www.gov.uk), para. 50
3. Domestic Abuse: statutory guidance (accessible version) – GOV.UK (www.gov.uk), para. 130
4. Key findings from analysis of domestic homicide reviews: September 2021 to October 2022 (accessible) – GOV.UK para 3
5. Domestic Abuse: statutory guidance (accessible version) – GOV.UK (www.gov.uk), para. 115
6. Domestic Abuse: statutory guidance (accessible version) – GOV.UK (www.gov.uk), para. 119