Domestic Abuse Flashcards
Section 1 Domestic Abuse Act 2021
Behaviour of a person (A) towards another person (B) is domestic abuse if:
A and B are each aged 16 or over and are personally connected to each other, and
The behaviour is abusive
Section 76 Serious Crime Act 2015
A repeatedly or continuously engages in behaviour towards another person, B, that is controlling or coercive;
At time of the behaviour, A and B are personally connected;
The behaviour has a serious effect on B; and A knows or ought to know that the behaviour will have serious effect on B.
3 levels of domestic abuse seriousness ratings?
Standard
Medium
High
Section 75a Serious Crime Act 2015
A person commits an offence if:
A intentionally strangles another person
A does any other act to B that:
Affects breathing
Causes Battery.
Occupation Order
An order that demands the whereabouts of the children that are part of that relationship. Can be done on times. E.g. children are at one address Monday-Wednesday and the other Thursday-Sunday.
Non-Molestation Order
An order to not be contacted by someone, for whatever reason. There is a criminal offence for breaching the order. Powers of entry apply.
Domestic Violence Protection Order & Notice (DVPO & DVPN)
Not used if someone is released on bail. If you BELIEVE there is violence in that relationship then you can request a CIVIL order from the court to keep them away from that relationship for 28 days. Superintendent authorises the NOTICE which says that within 48 hours we will be applying for a Domestic Violence Protection ORDER. It will come with conditions. ORDER COMES FROM THE COURT. Authorised to request from court from SUPERINTENDENT. There is a criminal offence for breaching the order.
Domestic Violence Disclosure Scheme (DVDS)
(CLAIRES LAW) Anyone can ask about disclosure from the police to request a history on someones past domestic violence history.
