The Domestic Abuse Act 2021 – Key Legal Changes Explained
The Domestic Abuse Bill received Royal Assent in April 2021 and is now in force as the Domestic Abuse Act 2021. While domestic abuse legislation had already evolved over time—particularly through widening the definition to include mental and emotional abuse—the 2021 Act marked a significant shift in how victims are recognised and protected under the law.
The Act introduced a number of important legal reforms designed to strengthen protection for victims, improve access to support services, and hold perpetrators to account.
Key Changes Introduced by the Domestic Abuse Act 2021
Children recognised as victims in their own right
Children are now recognised in law as victims of domestic abuse if they live in a household where abuse occurs. A child will be considered a victim if they see or hear domestic abuse being carried out against a parent or relative. This change reflects the long-recognised impact that domestic abuse can have on children, even where they are not directly abused themselves.
Statutory duties placed on local authorities
Local authorities in England now have a legal duty to provide support to victims of domestic abuse. This includes ensuring access to safe accommodation, such as refuges, for victims and their children, helping to create a more consistent level of support across the country.
Priority need for homelessness assistance
Eligible homeless victims of domestic abuse aged 16 and over are now automatically treated as having priority need when applying for homelessness assistance. This ensures victims are able to access safe housing without unnecessary delay.
Enhanced police powers
The Act introduced new police powers, including Domestic Abuse Protection Notices (DAPNs), which provide immediate protection for victims by restricting an alleged perpetrator’s behaviour at an early stage.
Domestic Abuse Protection Orders (DAPOs)
Courts now have the power to make Domestic Abuse Protection Orders, designed not only to protect victims but also to reduce reoffending. These orders can require perpetrators to take specific steps to address their behaviour, such as attending intervention programmes.
Special measures in court proceedings
Victims of domestic abuse are now entitled to special measures in court, such as giving evidence behind screens or via video link, helping to prevent intimidation and ensure they can participate fully in proceedings.
Stronger provisions on coercive and controlling behaviour
The law surrounding coercive and controlling behaviour has been strengthened, reinforcing the seriousness of non-physical abuse within intimate and family relationships.
Expansion of “revenge porn” offences
The scope of offences relating to the disclosure of private sexual images has been widened to include threats to disclose such images, providing victims with greater protection.
Supporting Victims of Domestic Abuse
The Domestic Abuse Act 2021 has transformed the legal landscape by bringing together the police, courts, and local authorities to provide a more coordinated and victim-focused response. The changes offer greater protection, clearer recognition of victims’ experiences, and increased confidence for those reporting abuse.
If you or someone you know is experiencing domestic abuse, please contact Lee Wilcockson or Jaime-Lee Johns, who can provide confidential advice and support.
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