domestic abuse Flashcards
define domestic abuse as per the DA Act 2021
The Domestic Abuse Act 2021 provides the first statutory definition of domestic abuse and s. 1 states:
(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.
Children as Victims of Domestic Abuse
The Domestic Abuse Act 2021, s. 3 states:
A commits DA towards B
and
Child:
sees/hears/experiences the effects of DA
AND
is related to A or B
(related = either a child of or relative of A or B)
DVPN and DVPO
(1) who is the authorising officer.
(2) what are the grounds
(1) superintendent
(2) D = > 18yo
super believes D has been violent
super believes its necessary to protect V from D
Non molestation orders
Family Law Act 1996
(a)
provision prohibiting a person (‘the respondent’) from molesting another person who is associated with the respondent;
(b)
provision prohibiting the respondent from molesting a relevant child.
(2)
The court may make a non-molestation order—
(a)
if an application for the order has been made (whether in other family proceedings or without any other family proceedings being instituted) by a person who is associated with the respondent; or
(b)
if in any family proceedings to which the respondent is a party the court considers that the order should be made for the benefit of any other party to the proceedings or any relevant child even though no such application has been made.
