Definition of domestic abuse
This policy uses an abridged version of the definition of domestic abuse provided by the 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.
Personally connected means:
- they are, or have been, married to each other
- they are, or have been, civil partners of each other
- they have agreed to marry one another (whether the agreement has been terminated or not)
- they have entered into a civil partnership agreement (whether the agreement has been terminated or not)
- they are, or have been, in an intimate personal relationship with each other
- they each have, or there has been a time when they each have had, a parental relationship in relation to the same child
- they are relatives
And:
- the behaviour is abusive
Behaviour is abusive if it consists of any of the following:
- physical or sexual abuse
- violent or threatening behaviour
- controlling or coercive behaviour
- economic abuse
- psychological, emotional, or other abuse
It does not matter whether the behaviour is a single incident or a course of actions: behaviour of this kind is domestic abuse.
Domestic abuse includes ‘Honour Based Violence’. There is currently no statutory definition of Honour Based Abuse in England and Wales, but Karma Nirvana, along with partners from the domestic abuse sector, have come together to adopt the following definition:
This is an incident or pattern of violence, threats of violence, intimidation, coercion, control or abuse (including but not limited to psychological, physical, sexual, economic, spiritual, faith-related or emotional abuse), motivated by the perpetrator’s perception that an individual has shamed, or may shame, the perpetrator, the family, or the community, or has otherwise broken, or may break, the perceived norms of the community’s accepted behaviours. Including by speaking out about the abuse and where the perception of shame may also prevent a victim from accessing support or help.
See further information on honour based abuse from Karma Nirvana.
It can be distinguished from other forms of violence, as it is often committed with some degree of approval and/or collusion from family and/or community members. Women, men, and younger members of the family can all be involved in the abuse. (Tackling Violence Against Women and Girls Strategy July 2021).
See more information about domestic abuse and other forms of abuse.
The Domestic Abuse Act 2021 recognises that children can be victims of domestic abuse, even when the abusive behaviours are not directly aimed at them.
They can also be victims if they:
- see, hear, or experience the effects of abuse
- are related to the victim or perpetrator of the abuse
- or both