Domestic Violence and Abuse

Question 1

Definition Of
Domestic Abuse?
Section 1(1) Domestic Abuse Act 2021

Answer 1

Behaviour
of a person (A)
towards another person (B)
is domestic abuse
if all of the following 3 steps
are all satisfied:

Step 1
Both
(A) and (B)
are each
aged 16 or over.

step 2
(A) and (B)
are
personally connected
to each other.

step 3
The
behaviour
is abusive.

Question 2

Can The Behaviour Of
Person (A) Be Directed
Towards Person (B)
Despite The Fact That It
Consists Of Conduct
Directed At Another
Person?
Section 1 (5) Domestic Abuse Act 2021

Answer 2

Yes
- for example (A)’s
conduct
directed at (B)’s child.

Question 3

Definition Of Personally
Connected?
Section 2 Domestic Abuse Act 2021
Two persons will be personally connected to each other
in any of the following situations:

Answer 3

Situation 1
They either:
* Are; or
* Have been
married to each other.

Situation 2
They either:
* Are; or
* Have been
civil partners to each other.

Situation 3
They have agreed
to marry
each other
— whether or not
the agreement
has been terminated.

Situation 4
They have entered into
a civil partnership agreement
with each other
— whether or not
the agreement
has been terminated.

Situation 5
They either:
* Are; or
* Have been
.in an intimate personal relationship with each other.

Situation 6
Either:
* They each have; or
* There has been a time when they each have had
.a parental relationship in relation to the same child.

What Will Constitute A Parental
Relationship?
Either:
*They are a parent of the child (under 18); or
*They have had parental responsibility of the
child (under 18) — as defined in section 3 Act
1989.

Situation 7
They are relatives
— as defined by
section 63(1) Family Law Act 1996

Question 4

Definition Of Abusive
Behaviour?
Section 1 (3) Domestic Abuse Act 2021
Behaviour is abusive if it consists of
any of the following behaviours:

Answer 4

Abusive Behaviour - Category 1
Either:
* Physical; or
* Sexual
.abuse.

Abusive Behaviour - Category 2
Either:
*Violent; or
* Threatening
.behaviour.

Abusive Behaviour - Category 3
Either:
*Controlling; or
* Coercive
.behaviour.

Definition Of Controlling Behaviour
A range of acts designed to make a person - (B)
subordinate and / or dependent by:
* Isolating them from sources of support;
* Exploiting their resources and capacities for personal gain;
* Depriving them of the means needed for independence,
resistance and escape; and
* Regulating their everyday behaviour.

Definition Of Coercive Behaviour
An act or pattern of acts, threats, humiliation,
intimidation,
* Frighten;
* Harm; or
* Punish
. the victim
assaults or other abuse — used to:
- (B). e.g. forced marriage, FGM etc

Abusive Behaviour - Category 4
Economic abuse — i.e. any behaviour that has a substantial
adverse effect on (B)’s ability to either:
* Acquire, use or maintain either:
* Money; or
* Other property.
* Obtain either:
* Goods; or
* Services.

Abusive Behaviour - Category 5
Either:
* Psychological;
* Emotional; or
* Other
. abuse.

Question 5

How Many Incidents
Of Abusive Behaviour
Must Take Place?
Section 1 (3) Domestic Abuse Act 2021

Answer 5

It does not matter whether the abusive
behaviour consists of either:
*A single incident; or
*A course of conduct.

Question 6

Children As Victims
Of Domestic Abuse
Section 3 Domestic Abuse Act 2021

Answer 6

Where the behaviour of a person (A) towards another
person (B) is domestic abuse — any reference to the victim
Of domestic abuse includes any child (under 18) who
either:
* Sees or hears; or
* Experiences the effects of
.the abuse — and who is related to either:
* Person (A) — the perpetrator; or
* Person (B) — the victim

Question 7

Non-Molestation
Orders
Section 42 Family Law Act 1996

Nature Of A Non-
Molestation Order?
Section 42(1) Family Law Act 1996

Answer 7

A Non-Molestation Order is an order that
prohibits a person (respondent) from molesting
either:
* Another person associated with the
respondent; or
*A relevant child.

Question 8

Definition Of
Molestation?

Answer 8

“Molesting”
includes
conduct ranging from
physical violence
to non-physical intentional harassment —
such as stalking, nuisance calls, etc.

Question 9

Definition Of
Associated Persons?
Section 62 Family Law Act 1996
6 categories

Answer 9

Category 1
Spouses,
ex-spouses,
civil partners
and
ex-partners.

Category 2
Cohabitants
and
ex-cohabitants.

Category 3
Persons who
live or have lived
in the same household..
other than
as the other’s
employee, tenant, lodger or boarder.

Category 4
Blood relatives.

Category 5
Parties who have agreed
to marry
one another…
…even if that agreement
has been terminated.

Category 6
Relatives
of any of the
other categories.

Question 10

Situations In Which A
Non-Molestation Order
Can Be Made By A
Court?
Section 42(2) Family Law Act 1996
2 situations

Answer 10

Situation 1
A court
may make a
Non-Molestation Order
of its own motion.

Situation 2
A Non-Molestation Order may be made by
the court on the application of either:
*An associated person; or
*A relevant child

Question 11

Additional Requirement
For Any Application
Made By A Relevant
Child Aged Under 16?

Answer 11

A relevant child
aged under 16
cannot apply for an
order without leave (permission)
of the court.
Leave will be granted
if the child has sufficient understanding
to make the application.

Question 12

Criteria For Granting
A Non-Molestation
Order?
Section 42(5) Family Law Act 1996
3 steps

Answer 12

Step 1
The parties
are
associated.

Step 2
act of molestation
has
taken place.

Step 3
There is the need to secure the.
* Health;
* Safety;
* Well-being;
of either:
* The applicant; or
* A relevant child.

Question 13

Breach Of A Non-
Molestation Order
Section 42A Family Law Act 1996
A person will commit an offence if the
following steps are satisfied.

Answer 13

Step 1
They breach the terms
of the Non-Molestation Order
by doing anything
that the order prohibits
them from doing.
(e.g. contacting the applicant etc.).

Step 2
They
did not have
a reasonable excuse
for committing the breach.

Step 3
(Bolt On Step For Ex-Parte Orders Only)
For Non-Molestation Orders
granted ex-parte
(in the absence of the accused) only.
.the person subject to the order
was aware of the order’s existence.

Question 14

Domestic Violence
Protection Notices
(DVPN’s)
Section 24 Crime & Security Act 2010

Answer 14

Who Can Issue A DVPN?
Superintendent
or above.

Purpose Of A DVPN?
To secure
the immediate protection
of a victim
of domestic violence
from the
suspected perpetrator.

Who Can A DVPN Be Issued To?
A person aged
18 or over.

Question 15

Grounds To Issue A
DVPN?

Answer 15

2 Beliefs?
The Superintendent or above
has reasonable grounds
for believing
that both.

Belief 1
The person has either:
* Been violent; or
* Has threatened violence
.towards an associated person.

Belief 2
The issue of a DVPN is necessary to protect the victim
from either:
* Violence; or
* The threat of violence.

Question 16

Factors To Be
Considered By The
Superintendent Or
Above When
Considering Whether
To Authorise A DVPN?

Answer 16

4 Factors
The authorising officer must both:
* Take reasonable steps to discover opinions of; and
* Give consideration to
the following 4 factors - before making their decision
to authorise a DVPN

Factor 1
The welfare of any person aged under 18
(irrespective of whether they are
an associated person)
whose interests the officer
considers relevant to the
issuing of the DVPN.

Factor 2
The opinion of the
person the DVPN
would protect - if issued
(i.e. the victim),

Factor 3
Any representations
made by the person
to whom the DVPN
may be issued
(i.e. the perpetrator).

Factor 4
The opinion
of any other associated person
who lives at the premises
to which the
provision would relate.

Does The Victim Need To Consent
To The Issuing Of A DVPN?
No
The Superintendent or above
may still issue a DVPN
even when the person the
DVPN would protect (i.e. the victim)
does not consent
to the issuing of the DVPN,

Question 17

Effect Of A DVPN?

Answer 17

Effect 1 - Interim Protection
The issue of a DVPN
provides interim protection
— pending the application
by a constable
to a Magistrates Court
for a
Domestic Violence
Protection Order (DVPO).

Effect 2 — Attaching Conditions
The DVPN can attach conditions:
* Prohibiting the suspected perpetrator from
molesting the victim; and
* If the parties are cohabiting — requiring the
suspected perpetrator to leave the premises.

Effect Of A Breach Of The
Conditions?
A person who breaches the conditions of their
DVPN shall be:
* Arrested without warrant; and
* Held in custody to appear before the
Magistrates Court - who will hear an
application for a DVPO within 24 hours.

Question 18

DOMESTIC VIOLENCE PROTECTION ORDERS (DVPO)

Answer 18

Timing Of The Application For A
DVPO At A Magistrates Court?
Following the issue of a DVPN
-the application for a DVPO
must be heard by the Magistrates Court
no later than 48 hours after
the DVPN was served.

Duration Of A DVPO?
DVPO
can last
between
14 — 28 days.

Effect Of A DVPO - Conditions
The DVPO can attach conditions:
* Prohibiting the suspected perpetrator from
molesting the victim; and
* If the parties are cohabiting — make provision
concerning access to shared accommodation.

Question 19

Police Common Law
Power To Disclose
Information About A
Person’s Known History
Of Violence Or Abuse
Paragraph 10
Domestic Violence Disclosure Scheme
(DVDS) Guidance (2016)

Answer 19

The police have a common law power to
disclose information about a person’s known
history — normally in the form of either:
* Previous convictions; or
* Previous charges…

relating to either:
* Violence; or
* Abuse
.to the public — where there is a pressing need
for disclosure of the information in order to
prevent further crime.

Question 20

Aim Of The Domestic
Violence Disclosure
Scheme (DVDS)?

Answer 20

The scheme provides procedures to utilise the
common law power to disclose to protect any
member of the public who may be at risk of
harm from either:
* Domestic violence; or
* Domestic abuse…

.thereby enabling any partner (A) - who either:
* Is (currently); or
*Was (previously)
..in an intimate relationship — with an individual

.who was previously either:
* Violent; or
* Abusive
.to make informed choices about:
* Continuing in the relationship,
* Their personal safety.

Question 21

2 Triggers To
Disclosure?
Paragraph 12
Domestic Violence Disclosure Scheme
(DVDS) Guidance (2016)

Answer 21

Trigger 1
“Right To Ask”

Trigger 2
“Right To Know”

Question 22

Trigger 1 —
“Right To Ask”
A Member Of The Public Applying To The
Police For Disclosure

Answer 22

A member of the public — who could be either:
*The partner - (A); or
*A third party - (C)
.can proactively seek information (i.e. apply)..

..in the expectation that the agencies
responsible for safeguarding victims of
domestic violence will both:
* Check to see if relevant information exists; and
* If it does — consideration will be given to
disclose where it is necessary to protect the
victim.

Question 23

Trigger 2 -
“Right To Know”
The Police Making A Proactive Decision To
Disclose Information To Protect A Potential
Victim

Answer 23

Where a safeguarding agency comes into
information about the previously:
*Violent; or
* Abusive
.behaviour of person (B) — that may cause
harm to person (A)..

.the safeguarding agency should consider:
*Whether any disclosure should be made; and
*To disclose information if it is lawful — i.e. it is
both necessary and proportionate to protect
the potential victim from crime.

Question 24

Circumstances In Which
The Domestic Violence
Disclosure Scheme (DVDS)
Will Be Focused On
Disclosure & Risk
Management?
Paragraph 13
Domestic Violence Disclosure Scheme
(DVDS) Guidance (2016)

Answer 24

The Domestic Violence Disclosure Scheme
(DVDS) will be focused on both:
* Disclosure; and
* Risk management..

where person (B) is identified as having
either:
*A conviction;
*A caution;
*A reprimand; or
*A final warning…

.for either:
* Violent offences; or
* Abusive offences..

and / or there is information held about person
(B)’s behaviour which reasonably leads
*The police
* Other agencies
.to believe that person (B) poses a risk of
harm to person (A).