Domestic Abuse
Amendment
This chapter was updated in September 2024. A new Section 6, Non-Fatal Strangulation has been added. Definitions were also updated in line with revised Working Together to Safeguard Children which now uses the statutory definition of domestic abuse in Domestic Abuse Act 2021.
The Domestic Abuse Act 2021 says that 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;
and it does not matter whether the behaviour consists of a single incident or a course of conduct. The perpetrator of the abuse and the victim of the abuse have to be aged 16 or over and be ‘personally connected’ as intimate partners, ex-partners, family members or individuals who share parental responsibility for a child. There is no requirement for the victim and perpetrator to live in the same household.
See Domestic Abuse: Statutory Guidance for descriptions and examples of a range of abusive behaviours to help with identifying domestic abuse, including physical abuse, violent or threatening behaviour, sexual abuse, controlling or coercive behaviour, harassment or stalking, economic abuse, verbal abuse, technology-facilitated abuse, abuse relating to faith, and so-called ‘honour’-based abuse.
Under the Domestic Abuse Act 2021, children are recognised as victims of domestic abuse in their own right, if they see, hear, or experience the effects of the abuse, and are related to the perpetrator of the abuse or the victim of the abuse. Abuse directed towards a child is defined as child abuse.
Where there is domestic abuse, the wellbeing of the children in the household must be promoted and all assessments must consider the need to safeguard the children, including unborn children.
Domestic abuse in teenage relationships is just as severe and has the potential to be as life-threatening as abuse in adult relationships. Victims under 16 should be treated as victims of child abuse and age appropriate consequences should be considered for perpetrators under 16. Abuse involving perpetrators and victims aged between 16 and 18 could be both child and domestic abuse.
The Domestic Abuse Act 2021 uses the term ‘victim’ but not everyone who has experienced, or is experiencing, domestic abuse chooses to describe themselves as a ‘victim’ and they may prefer another term, for example, ‘survivor’.
The offence of controlling or coercive behaviour in intimate or familial relationships was amended by the Domestic Abuse Act 2021 to include the definition of personally connected.
Controlling or coercive behaviour does not relate to a single incident, it is a purposeful pattern of behaviour which takes place over time in order for one individual to exert power, control or coercion over another. The perpetrator must have known that their behaviour would have a serious effect on the victim, or the behaviour must have been such that they ought to have known it would have that effect.
See Section 5, Controlling and Coercive Behaviour.
Section 70 of the Domestic Abuse Act 2021 amends Part 5 of the Serious Crime Act 2015 (to create an offence of non-fatal strangulation. Non-fatal strangulation can be used as a form of assault in domestic abuse and a history of strangulation can significantly increase the risk of an eventual fatality.
See Section 6, Non-Fatal Strangulation.
Other forms of abuse may be present for example:
Abuse by family members which can involve abuse by any relative or multiple relatives. Abuse within a family set-up can encompass a number of different behaviours, including but not limited to violence, coercive or controlling behaviours, and economic abuse. Abuse by family members also encompasses forced marriage, so called ‘honour’-based abuse and female genital mutilation.
Child-to-Parent Abuse which can include physical violence from a child towards a parent or other family members such as siblings and a number of different types of abusive behaviours, including damage to property, emotional abuse, and economic/financial abuse. Violence and abuse can occur together or separately. Abusive behaviours can encompass, but are not limited to, humiliating language and threats, belittling, damage to property and stealing and heightened sexualised behaviours.
Technological abuse using technology and social media as a means of controlling or coercing victims. This happens frequently both during and after relationships with abusers and is particularly common amongst younger people.
Spiritual abuse using religion and faith systems to control and subjugate a victim often characterised by a systemic pattern of coercive or controlling behaviour within a religious context. A form of spiritual abuse may include the withholding of a religious divorce, as a threat to control and intimidate victims.
In addressing domestic abuse, it is fundamental to acknowledge that survivors can come from any walk of life, transcending stereotypical profiles. While domestic abuse affects both men and women, it is important to recognise that women are disproportionately affected. Nevertheless, it is imperative to approach each case without preconceived notions or stereotypes related to domestic abuse.
Survivors of domestic abuse represent all demographics, including various ethnicities, sexual orientations, ages, abilities, religious or belief systems. Factors such as immigration status and socio-economic background also play a significant role in the dynamics of domestic abuse. Understanding these diverse aspects is crucial in providing appropriate and sensitive support.
Domestic abuse is not confined to intimate partner relationships but can also occur among family members, including extended family, highlighting the need for a broad understanding of what constitutes domestic abuse.
Of particular concern is the profound impact domestic abuse has on children. Exposure to such environments can lead to severe emotional and psychological trauma. Children may internalise the abuse, sometimes believing themselves to be at fault, or they may face upheaval from having to leave their family home. It is essential for professionals to be aware of these impacts and provide tailored support that addresses the unique emotional and developmental needs of children who have experienced or witnessed domestic abuse.
Domestic abuse may have a long term psychological and emotional impact in a number of ways:
- Children may be greatly distressed by witnessing (seeing or hearing) the physical and emotional suffering of a parent, or witnessing the outcome of any assault;
- Children may be pressurised into concealing assaults, and experience the fear and anxiety of living in an environment where abuse occurs;
- The domestic abuse may impact negatively on an adult victim's parenting capacity;
- Children may be drawn into the violence and themselves become victims of physical abuse.
For children living in situations of domestic abuse, the effects may result in them feeling anxious or depressed; having low self-esteem and difficulties with forming healthy relationships; being hypervigilant in reading body language or changes in mood and atmosphere; having difficulty sleeping or nightmares; they may experience fear, guilt, shame and anger (at both the abuser for the abuse and at the other parent for being unable to protect them).
There may be physical symptoms such as stomach aches or bed wetting; delayed development or deterioration in speech, language and communication; Some children are the direct victims of other types of abuse or injured while trying to intervene on behalf of their parent or sibling.
They may show inconsistent regulation of emotions, including becoming distressed, upset or angry; become aggressive or internalising their distress and becoming withdrawn; or manage their space within the home so they are not visible. There may be a reduction in school attainment, truancy, a risk of exclusion from school or it may be an increased application to activities outside the home, including academia or sports, as a distraction.
Some children may begin using alcohol or drugs or may be self-harming or at risk of taking their own life. They can also be vulnerable to being exploited.
Practitioners should reflect on and be aware of the varying impacts of domestic abuse on children of different ages, including long-term impacts, and the need for ongoing support.
Domestic abuse affecting young people can also occur within their personal relationships, as well as in the context of their home life. Abusive behaviours within relationships between young people can include similar incidents or patterns of behaviours as adult relationships and be just as severe. It has the same potential to be as life-threatening as abuse in adult relationships.
During pregnancy, domestic abuse can pose a threat to an unborn child as assaults on pregnant women often involve punches or kicks directed at the abdomen, risking injury to both the mother and the foetus. Domestic abuse often begins or escalates during pregnancy, and it is associated with increased rates of miscarriage, premature birth, foetal injury and foetal death. The mother may be prevented from seeking or receiving antenatal care or post-natal care. In addition, if the mother is being abused this can affect her attachment to her child, more so if the pregnancy is a result of rape by her partner.
Young people themselves can be subjected to domestic abuse perpetrated in order to force them into marriage or to punish them for 'bringing dishonour on the family'. This abuse may be carried out by several members of a family and wider family increasing the young person's sense of isolation and powerlessness. See also: So-Called 'Honour' Based Abuse Procedure.
Professionals should be alert to the signs that a child or adult may be experiencing domestic abuse, or that a partner may be perpetrating domestic abuse. Professionals should always consider during an assessment the need to offer children and adults the opportunity of being seen alone and ask whether they are experiencing, or have previously experienced, domestic abuse.
Professionals who are in contact with adults who are threatening or abusive to them need to be alert to the potential that these individuals may be abusive in their personal relationships and assess whether domestic abuse is occurring within the family.
There are a number of factors which may indicate the potential risk of harm to victims and children when domestic abuse is present in a family, these factors may include:
- Escalation in frequency and severity of violence and abuse;
- Previous incidents of physical violence including injuries to the victim;
- Perpetrator has a history of domestic abuse with previous partners and may also have a previous history of offending including breach of civil or criminal court order or bail conditions by the suspect;
- Controlling, jealous, obsessive behaviours by the perpetrator especially stalking;
- Having (particularly pre-school) children, especially if from a previous relationship;
- Mental health issues for the victim or perpetrator especially where the perpetrator has threatened suicide;
- Victim and/or child verbalizing their fear of the perpetrator;
- The victim is pregnant or has recently given birth or has a long-term illness, a disability, or a mental health problem;
- The perpetrator has access to or has used or threatened to use weapons or there have been incidents of non-fatal strangulation;
- Children present as withdrawn within the household;
- Where illicit drug use, mental ill-health, and problematic alcohol use are present they will increase the risk;
- Current or imminent separation from the suspect and child disputes especially over contact or finances;
- Insecure immigration status and no recourse to public funds are significant barriers to safety for adult and child victims of domestic abuse.
Protective factors in some of these circumstances may be limited and the children may have suffered, or be likely to suffer, Significant Harm. Professionals should make a record of their assessment and the information that underpins it, inform their line manager and refer to Children’s Social Care.
Statistics show that the period after separation is often the most dangerous for survivors of domestic abuse, including serious injury or death. When professionals, especially those working with children and families, encounter these situations, they should consider several critical factors:
History of Physical Danger:
- Assess the past level of physical danger to the adult survivor, especially considering if children were present during violent episodes.
Patterns of Control and Intimidation:
- Look beyond physical violence to patterns of power, control, and intimidation that may have characterised the relationship.
Threats of Harm:
- Be aware of any threats made by the perpetrator to harm or kill family members, or threats to abduct the children.
Stalking and Obsession:
- Take into account any reported instances of stalking or obsessive behaviour towards the survivor or family.
Issues Around Child Contact:
- Evaluate the motives behind the perpetrator's desire for child contact - is it in the child's best interest, or a means to continue intimidation or violence?
- Consider the children's perspectives and feelings about contact with the non-residential parent.
Attitude and Capacity for Change:
- Assess the perpetrator's attitude towards their past violence and their understanding of its impact;
- Determine whether they are motivated and capable of changing their behaviour.
Cultural Sensitivities:
- Be particularly sensitive to cultural issues when dealing with ethnic minority survivors. Recognise that leaving a partner may result in ostracization from their community, potentially increasing safety risks.
In cases where the survivor has left the perpetrator, taking the children with them, professionals must remain vigilant to the ongoing risk. Domestic abuse dynamics often revolve around the perpetrator's need for power and control, and separation can lead to an escalation in abusive behaviour.
Professionals are encouraged to use analytical frameworks, like Dr Jane Monckton-Smith's Homicide Timeline 8 Stage Model, to understand the perpetrator's behaviour. Recognising abusive behaviour as a potentially escalating pattern rather than isolated incidents is crucial for effective intervention and support.
When responding to incidents of domestic violence, the practitioner should always find out if there are any children in the household or any children who would normally live in the household (even if they are not present). The Police or other agencies should ensure the children are seen and their safety established whenever they attend a domestic abuse incident.
Where possible and safe to do so children should be spoken to directly. The younger the children in the family, or the presence of special needs, the higher the risk to their safety. The practitioner should consult with their manager/designated safeguarding lead within their agency to decide if a referral to Early Help or Children's Social Care is required.
Where there are concerns for the welfare of a child a referral should be made to Children's Social Care in accordance with the Referrals Procedure.
Risk assessment should be carried out using a locally or agency approved Domestic Abuse Tool like the DASH Tool (Domestic Abuse, Stalking, Harassment and Honour Based Violence Assessment). Professionals using this, or other risk assessment tools, should be alert to the risk to children as well as to adults. It is essential to identify changes, such as escalation in severity and/or frequency of abuse. They should not just focus on the levels of violence but on the full range of behaviours that can be abusive, coercive or controlling. Risk is fluid and must be re-assessed regularly.
Risk Assessment Using Approved Domestic Abuse Tools
In conducting risk assessments for domestic abuse cases, it is vital to use an agency-approved tool, such as the DASH Tool (Domestic Abuse, Stalking, Harassment, and Honour Based Violence Assessment) or MeRit tool. Professionals utilising these tools must maintain a vigilant approach, recognising the risk to both children and adults. It's crucial to not only focus on overt acts of violence but also to thoroughly assess a range of behaviours that may be abusive, coercive, or controlling. This includes subtle signs of escalation in severity and/or frequency of abuse.
Risk assessment is not a one-time process but an ongoing activity. Regular reassessment is essential to capture the fluid nature of risk, as situations can evolve rapidly. Changes in the abuser's behaviour, the survivor's circumstances, or environmental factors should trigger immediate re-evaluation. In the dynamic landscape of domestic abuse risk assessment, it is essential to consider a variety of pivotal factors. Alongside changes in the abuser's behaviour and the survivor's circumstances, events such as pregnancy, separation, and incidents of stalking play a crucial role in escalating risks.
Separation is often a high-risk period in domestic abuse cases. It can trigger an increase in violence or coercive behaviour as the abuser may attempt to regain control. Professionals should be aware of this increased risk during and after the separation process, ensuring vigilant monitoring and support for the victim.
Stalking, including persistent following, unwanted communication, is another red flag in domestic abuse scenarios. It represents a form of controlling behaviour that can escalate in intensity and danger over time. Survivors experiencing stalking require immediate attention, as this behaviour can be a precursor to more severe forms of abuse and domestic homicide.
Along with these factors, pregnancy introduces additional vulnerabilities, increasing both the physical and emotional risks to the survivor. It's essential to understand the complexities that pregnancy can introduce into an abusive relationship, warranting immediate reassessment of risk and support needs.
In summary, risk assessments in domestic abuse cases must be fluid and responsive, accounting for various factors like separation, stalking, pregnancy, financial changes, and other life-altering events. Regular and comprehensive reassessment ensures that interventions remain effective and appropriately tailored to the evolving nature of each case, providing the necessary protection and support to those at risk
Additionally, professionals should be trained to interpret the results of these tools within the broader context of each unique case, ensuring a comprehensive understanding of the risk factors involved. This approach ensures that interventions are timely, appropriate, and effective in safeguarding all individuals at risk.
Babies under 12 months old are particularly vulnerable to violence. Professionals who become aware of an incident of domestic abuse in a family with a child under 12 months old (even if the child was not present) or in families where a woman is pregnant, should always complete a risk assessment to determine what action is required including consideration of whether a referral to Children's Social Care should take place.
In all cases where a referral is made for a Multi-Agency Risk Assessment Conference (MARAC) to plan intervention in relation to a high risk domestic abuse situation, if there are children in the family, a referral must be made to Children's Social Care. Even though a case has been referred to MARAC a separate multi agency response will be required to safeguard the children.
Considerations in assessments where domestic abuse may be present include:
- Checking whether domestic abuse has occurred whenever child abuse is suspected and considering the impact of this at all stages of assessment, enquiries and intervention. This should include checks with the Police unit responsible for vulnerable people and any domestic abuse screening process;
- Ask direct questions about Domestic Abuse including indicators of coercive control;
- Identify who is responsible for domestic abuse, ex-partner/partner/family member;
- Sometimes with domestic abuse there are counter allegations, where both parties allege that the other is abusive (see Safe Lives Guidance on Responding to Counter Allegations);
- Practitioners should recognise the difference between domestic abuse and parental conflict recognising that an absence of or low levels of violence does not mean that domestic abuse is not taking place;
- Providing victims with full information about support services available (including for children), their legal rights, and about the extent and limits of statutory duties and powers;
- Helping victims and children to get protection from domestic abuse, by providing ongoing relevant practical and other assistance and staying in regular contact with them;
- Supporting non-abusing parents in making safe choices for themselves and their children;
- Being aware that there may be continued or increased risk of domestic abuse towards the abused parent and/or child after separation especially in connection with post-separation child contact arrangements;
- Working separately with each parent while maintaining the focus on the welfare of the child;
- Considering how to enable the victim to be heard in a way that minimises the influence of the perpetrator, so that you can gain an understanding of what life is like for them and their children;
- Working with parents to help them understand the impact of the domestic abuse on their children;
- Holding perpetrators to account for their abusive behaviour meaning that the responsibility to end the abuse does not sit with the victim. Practitioners should take into account their own safety, the safety of any children, the safety of the victim. Find out what services may be available locally to work with perpetrators or ring the Respect Phoneline (Freephone 0808 8024040) for advice.
See the Domestic Abuse: Statutory Guidance, Perpetrators in Recognising Domestic Abuse.
Operation Encompass is a police and education early information safeguarding partnership enabling schools to offer immediate support to children experiencing domestic abuse. Operation Encompass ensures that there is a simple telephone call or notification to a school’s trained Designated Safeguarding Lead /Officer (known as key Adult) prior to the start of the next school day after an incident where police have attended domestic abuse and there were children related to either of the adult parties involved. Following such an incident taking place, children will often arrive at school distressed and unprepared. Operation Encompass aims to ensure that appropriate school staff are made aware at the earliest possible stage in order to provide relevant and tailored support to children and young people in a way that means that they feel safe.
Section 76 of the Serious Crime Act 2015 has been amended by the Domestic Abuse Act 2021. From the 5 April 2023 behaviour which amounts to Controlling or Coercive Behaviour now applies to partners, ex-partners, and family members, whether or not the victim and suspect are living together.
See Controlling or Coercive Behaviour in an Intimate or Family Relationship (CPS).
Survivors of controlling or coercive behaviour may not initially recognise or be ready to acknowledge the abuse they are experiencing as a pattern of harmful behaviour. They might also be unaware that such behaviour is a criminal offense. Controlling or coercive behaviour can profoundly affect a survivor's emotional, psychological, and mental well-being. Managing this abuse daily can lead to heightened anxiety, the need to adapt their behaviour to pacify the perpetrator, and cause survivors to question their experiences, leading to reduced self-esteem and feelings of worthlessness.
Examples of Controlling or Coercive Behaviours:
- Isolation: Preventing survivors from interacting with friends, family, and professionals;
- Daily Life Control: Dictating aspects of everyday life, such as movements, social interactions, clothing choices, and sleep patterns;
- Financial Abuse: Exerting control over finances, such as limiting allowances or undermining the survivor's financial position;
- Deprivation of Needs: Denying survivors access to basic necessities;
- Surveillance: Monitoring the survivor's activities and behaviour daily, including through technology;
- Blocking Support: Restricting access to support services, medical assistance, or medication;
- Reproductive Coercion: Limiting access to birth control or reproductive health choices;
- Communication Interference: Preventing or hindering the use of communication aids or language learning;
- Emotional Abuse: Repeated derogation, such as conveying worthlessness;
- Humiliation and Degradation: Enforcing humiliating or dehumanising rules and activities;
- Forced Criminal Activity: Compelling survivors to engage in illegal acts;
- Dependency Control: Using substances to create or exploit dependency, or controlling access to them;
- Threats and Intimidation: Including threats to harm or kill, use of children or pets to coerce, and threats of suicide to control the survivor;
- Privacy Invasion: Threatening to disclose private information;
- Physical Abuse and Assault: Including physical harm and sexual abuse;
- Restriction of Freedom: Preventing access to transportation, employment, or threatening immigration status.
For more detailed guidance on identifying, documenting, and addressing controlling or coercive behaviour, refer to the Controlling or Coercive Behaviour - Statutory Guidance Framework. This framework provides essential information for charging, prosecuting, and convicting offenses related to controlling or coercive behaviour.
Non-fatal strangulation can be used as a form of assault in domestic abuse and a history of strangulation can significantly increase the risk of an eventual fatality. Non-fatal strangulation is often used to instill fear and exert power and control. Victims who experience non-fatal strangulation may believe at the time that they will die as a result. Loss of consciousness, even temporary, can cause brain damage, this includes long-term neurological damage such as memory loss and facial droop. In addition, loss of consciousness can create an increased risk of miscarriage and stroke. Despite the strong link between non-fatal strangulation and domestic homicide, it can be difficult to identify due to a lack of visible injury. Visible marks are not always present but the absence of marks should not undermine an account of non-fatal strangulation.
Also see: Institute for Addressing Strangulation (IFAS) for additional resources.
Non-fatal strangulation is a criminal offence. Section 70 of the Domestic Abuse Act 2021 amends Part 5 of the Serious Crime Act 2015 to provide that a person commits the offence of strangulation or suffocation if they intentionally strangle another person or do any other act that affects another person’s ability to breathe. Non-consensual or harmful non-fatal strangulation can also arise in a sexual context and is also an offence under the Act.
We recommend universal best practices that can be integrated into the diverse policies of different agencies. These practices focus on victim safety, confidentiality, and a rights-based approach to handling domestic abuse. Adoption of these practices across agencies will contribute to a consistent and high-quality response to domestic abuse, regardless of the agency's specific operational procedures.
There are many risk assessment models and 'tools' available. Practitioners need to be confident that the use of a particular tool has been adopted and supported by the agencies in their area and have had training on recognising domestic abuse in its many forms including controlling or coercive behaviour. Any risk assessment tool being used should be both culturally sensitive and explicitly consider the risks to the children. It should not be exclusively adult focused. The use of any risk assessment tool should be underpinned by a thorough analysis of the information otherwise available such as past history of offending and consider additional indicators relevant to minority groups. The risks should be interpreted to also determine the potential dangerousness of the alleged perpetrator.
The issue of domestic abuse should only ever be raised with a child or non-abusing parent when they are safely on their own and in a private place; and separation does not ensure safety, it often at least temporarily increases the risk to the child or non-abusing parent.
Other agencies are often involved with the family for example the Police, Health (including GPs and Mental Health Services) Social Care, Housing, Education, Substance Misuse, Specialist Domestic Abuse Agencies, Criminal Justice and other Support Agencies. Working together to build a full picture of the victims, including children, and perpetrators and sharing information is essential to a safeguarding response and not just for high risk cases but also for intervening early to reduce the risk of escalation. All frontline agencies should consider domestic abuse and ensure staff are trained to understand both the complex dynamics and the signs of domestic abuse and recognise when a referral may be required to Children’s Social Care.
The Domestic Abuse Statutory Guidance sets out the role of individual agencies in identifying and responding to domestic abuse, including assessing risk.
Information from the public, family or community members must be taken sufficiently seriously by professionals in statutory and voluntary agencies. Recent research evidence indicates that failure to do so has been a contributory factor in a significant number of cases where a child has been seriously harmed or died.
The Child Safeguarding Practice Review Panel: Multi-agency Safeguarding and Domestic Abuse, Panel Briefing 2 identified Four Core Practice Principles that should underpin practice approaches in relation to Domestic Abuse. They aim to provide a common approach and should not be seen as separate but are interlinked:
Domestic Abuse-Informed
A domestic abuse-informed approach clearly identifies who is causing harm and describes their actions. It recognises that both adults and children affected by these actions are victims and deserve support.
Interventions are focused on holding abusers accountable and offering them support to change. This response is about focusing on the continuous patterns of behaviour by the person cause harm and not focussing on the incident.
Trauma Informed
Being trauma-informed means responding to individuals and families in a non-judgemental, non-blaming and strengths-based way that prioritises building trusting relationships and avoids re-traumatisation. Recognising that people who come to the attention of services have histories, experiences and contexts that are relevant to and impact on their current circumstances.
In relation to those who harm, a trauma-informed approach ensures that the whole person is responded to, but without collusion around their abusive behaviours.
Intersectional
An intersectional approach to domestic abuse means services must seek to understand the unique experiences of each family, including their histories, characteristics, and current context, and to see these in the context of unequal societal structures including racism, sexism, and poverty. It requires practitioners to be aware of their own values, biases, and judgements, have safe spaces to reflect, and receive support to separate these from work with families.
Whole Family
A whole-family approach does not separate the abusive behaviours of the parent from the impact on children. It considers the parenting of the abuser, as well as the impact of their abuse on the non-abusing parent and their care for the children. It is important to remember children do not come to services alone: they are part of families. They have relationships with their parents, grandparents and wider networks, as well as with siblings and stepsiblings who they might not live with. Practitioners must gain an understanding of what family means to the children. The full extent of the impact on children of exposure to domestic abuse is often not fully understood until a child feels safe; they will need several opportunities over a period of time to talk about their experiences.
Risk of violence towards professionals should be considered by all agencies who work in the area of domestic violence and abuse and assessments of risk should be undertaken when necessary. It is acknowledged that intimidatory or threatening behaviour towards professionals may inhibit the professional's ability to work effectively. Effective Supervision and management is important and agencies should take account of the impact or potential impact on professionals in planning their involvement in situations of domestic abuse and make sure they are properly supported.
Domestic Violence Protection Notices (DVPNs) and Domestic Violence Protection Orders (DVPOs) (see Guidance) provide protection to victims by enabling the police and magistrates to put in place protection in the immediate aftermath of a domestic violence incident.
With DVPOs, a perpetrator can be banned with immediate effect from returning to a residence and from having contact with the victim for up to 28 days, allowing the victim time to consider their options and get the support they need.
NOTE: Domestic Violence Protection Orders will be replaced by Domestic Abuse Protection Orders and Domestic Abuse Protection Notices in 2024 under Domestic Abuse Act 2021.
Domestic Abuse Protection Orders (DAPOs):
Purpose: DAPOs are longer-term protection orders granted by a court, offering extended protection to survivors.
Process for Obtaining: A DAPO can be applied for by the survivor, a police officer, or another person with the court's permission. The court will consider the need for protection based on the evidence presented.
The court must be satisfied that the individual has been abusive towards a partner or family member and that the order is necessary to protect the survivor.
Legal Implications: DAPOs can impose various conditions, such as prohibiting contact with the survivor, requiring the abuser to attend rehabilitation programs, or regular police monitoring. Non-compliance with a DAPO is a criminal offense.
Procedure for Implementation:
- Starting 2024, we will collaborate with police, agencies and legal professionals to ensure that the process for obtaining DAPNs and DAPOs is clear, accessible, and survivor-centred;
- Training will be provided to all relevant stakeholders, including police, legal professionals, and support staff, on the nuances of these orders and their implementation;
- Awareness campaigns will be launched to inform the public about these protection measures and how they can be accessed.
Support for survivors and perpetrators:
- Survivors will be provided with comprehensive support throughout the process of obtaining and enforcing these orders;
- Perpetrators will be given information on legal consequences and, where applicable, access to perpetrator interventions to address abusive behaviour.
The Domestic Violence Disclosure Scheme (DVDS) Guidance (also known as 'Clare's Law') sets out how members of the public a formal mechanism to make enquires about an individual who they are in a relationship with, or who is in a relationship with someone they know, where there is a concern that the individual may be violent towards their partner. This scheme adds a further dimension to the information sharing about children where there are concerns that domestic abuse is impacting on the care and welfare of the children in the family.
Members of the public can make an application for a disclosure, known as the 'right to ask'. Anybody can make an enquiry, but information will only be given to someone at risk or a person in a position to safeguard the victim. The scheme is for anyone in an intimate relationship regardless of gender.
Partner agencies can also request disclosure is made of an offender's past history where it is believed someone is at risk of harm. This is known as 'right to know'.
If a potentially violent individual is identified as having convictions for violent offences, or information is held about their behaviour which reasonably leads the police and other agencies to believe they pose a risk of harm to their partner, the police will consider disclosing the information. A disclosure can be made if it is legal, proportionate and necessary to do so.
Domestic Abuse: Statutory Guidance
Domestic Abuse: Specialist Sources of Support (GOV.UK) - Nationalist Specialist Support Services contact details.
Domestic Abuse help for children and young people
Domestic abuse: how to get help - range of resources including, specialist services, guidance on Domestic Violence Disclosure Scheme and court orders, translated guidance and how to summon help and find a safe space.
Support available for victims - national organisations who provide support for victims.
Safe Lives - resources library for professionals working with victims of domestic abuse and their families including MARAC.
Operation Encompass Resources - police and education partnership enabling schools to offer immediate support to children experiencing domestic abuse.
The Respect Phoneline (tel: 0808 802 4040) is an anonymous and confidential helpline for men and women who are abusing their partners and families. It is open Monday to Friday 9am to 8pm. The helpline also takes calls from partners or ex-partners, friends and relatives who are concerned about perpetrators.
Standards for domestic abuse perpetrator interventions (Home Office) - Overarching principles and practice guidelines for commissioning and delivering interventions for perpetrators of domestic abuse
Monckton-Smiths Domestic Homicide Timeline Model - Dr Jane Monckton-Smith, Senior Lecturer in Criminology at the University of Gloucestershire) 8 Stage Model for examining risk of domestic homicide, coercive control and stalking and the risks.
Royal College of Nursing - Domestic Abuse: Key Resources.
Supporting women and babies after domestic abuse (Women's Aid) - toolkit for early years equips domestic abuse specialists with appropriate knowledge and skills to support pregnant women and women with babies and toddlers.
Analysis of domestic homicide reviews (GOV.UK) - summarise information and recommendations from domestic homicide reviews.
Multi-agency safeguarding and domestic abuse paper - Child Safeguarding Practice Review Panel paper setting out key findings from reviews where domestic abuse featured.
Delivery of support to victims of domestic abuse in domestic abuse safe accommodation services - statutory guidance including Terms of Reference for Local Domestic Abuse Partnership Boards.
Homelessness code of guidance for local authorities - guidance on providing homelessness services to people who have experienced or are at risk of domestic violence or abuse.
Domestic Abuse Commissioner Website
Domestic Abuse Legal Guidance (CPS)
Controlling or Coercive Behaviour in an Intimate or Family Relationship Legal Guidance (CPS)
Non-fatal Strangulation or Non-fatal Suffocation Legal Guidance (CPS)
Last Updated: September 24, 2024
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