Domestic Abuse Flashcards
What’s the definition of domestic abuse under S1 of the Domestic Abuse Act?
aged 16 or over and are personally connected + behaviour is abusive
what is the document called that must be completed for a domestic abuse offence?
DOM5
What are children always if there is any DA?
Victims
what is the definition of the offence of controlling & coercive behaviour against an intimate partner - s76 Serious Crime Act?
continuous controlling or coercive behaviour,
at time of they are personally connected,
and the behaviour has a serious effect on other and the offender knows or ought to know it will have a serious effect.
what is controlling behaviour?
acts to make person dependent by:
- isolating from support
- exploiting resources for their personal growth
- depriving means for independence and escape
- regulating everyday behaviour
what is coercive behaviour?
- assualt
- threats
- humiliation
- intimidation to harm, punish or frighten
what is s75a of The Serious Crime Act about?
strangulation or suffocation
Serious Crime Act 2015 - Subsection 1
a person commits an offence if:
1. A intentionally strangles another
2. A does any other act to B that:
- affects B’s ability to breathe &
- constitutes battery of B
Serious Crime Act Subsection 2
Its a defence for A to show that B consented to the strangulation
Serious Crime Act Subsection 3
Sub 2 doesnt apply if:
1. B suffers serious harm
2. A either:
- intended to cause B serious harm OR
- was reckless as to wether B would suffer serious harm
What are the different levels of risk in DA?
Standard - current ev doesnt indicate likelihood of causing serious harm
Medium - offender has potential to cause serious harm but unlikely to do so unless circumstances change
High - potential event could happen at any time and impact would be serious
