England & Wales · 2021
Domestic Abuse Act 2021
Protects: Anyone aged 16+ in a personal connection with the abuser (current/former partners, family).
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Summary
First statutory definition of domestic abuse, covering physical, sexual, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological/emotional or other abuse. Children are recognised as victims in their own right. Creates Domestic Abuse Protection Notices (DAPN) and Domestic Abuse Protection Orders (DAPO), bans cross-examination by alleged perpetrators in family court, and gives victims automatic eligibility for special measures.
Key provisions
s.1 — Definition
Statutory definition of domestic abuse including economic abuse and coercive/controlling behaviour between people aged 16+ who are personally connected.
s.3 — Children
A child who sees, hears or experiences the effects of abuse and is related to either party is also a victim.
Part 3 — DAPN/DAPO
New civil orders that police, victims, or third parties can apply for to provide immediate and longer-term protection.
s.65 — Cross-examination ban
Prevents alleged perpetrators from personally cross-examining victims in family proceedings.
s.63 — Special measures
Automatic eligibility for screens, video links and other special measures in family/civil courts.
What this Act affects
The specific protective court orders and decision points this Act creates or feeds — with the exact statutory section.
- Domestic Abuse Protection Notice & Order →
Part 3 (ss.22–60)Creates DAPN (police, 48-hr) and DAPO (court, no maximum duration). Breach of DAPO is a criminal offence — up to 5 years.
- Non-Molestation Order →
s.1 (definition) + s.3Brings coercive control, economic abuse and child witnesses inside the statutory definition — widens the conduct an NMO can prohibit and the children it can name as 'relevant child'.
Bans personal cross-examination of survivors by alleged perpetrators; requires the court to appoint a qualified legal representative. Triggers PD12J fact-finding.
Special measures in family / civil court
s.63Automatic eligibility for screens, video link and separate entrances for any DA complainant.
Children as victims in their own right
s.3Decision point: child who sees, hears or experiences abuse is a victim — anchors safeguarding referrals and s.31 Children Act 1989 threshold via the s.120 ACA 2002 definition of harm.
- Restriction on parental responsibility (Jade's Law) →
s.16 Victims and Prisoners Act 2024 (inserts into Children Act 1989)On conviction for murder/voluntary manslaughter of the other parent, Crown Court must impose an automatic Prohibited Steps Order suspending the offender's PR.