This guide will help you answer 1.1 Identify current key legislation relating to domestic abuse.
In England and Wales, domestic abuse legislation addresses physical, emotional, psychological, sexual, and financial harm within intimate and family relationships. Law differs in Scotland and Northern Ireland, so check the position for the nation where you work, starting with the Domestic Abuse Act 2021 for England and Wales. The law provides protection for victims and guidance for agencies on how to respond. As a health and social care worker, knowing the key legislation helps you recognise abuse, safeguard individuals, and work within legal requirements.
Domestic abuse is not limited to physical violence. It often includes controlling behaviour, coercive behaviour, threats, intimidation, and isolation. The law reflects this wider definition.
Domestic Abuse Act 2021
The Domestic Abuse Act 2021 is a key piece of legislation in England and Wales. It provides a clear statutory definition of domestic abuse and strengthens protections for victims.
Key features include:
- Statutory definition of domestic abuse: Covers physical abuse, sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological, emotional or other abuse. Read the full definition in section 1 of the Act
- Recognition of children as victims: A child who sees or hears domestic abuse, or experiences its effects, is also recognised as a victim in their own right if they are related to the person abusing or the person abused. See section 3 of the Act
- Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs): These are being piloted in some areas of England and Wales and are not yet available nationally. Where they are available, an order can restrict contact and exclude a person from specified premises. Check the current position in the government’s review of the Domestic Abuse Act 2021 and follow your organisation’s procedures
- Prohibition on cross-examination in family courts: Perpetrators cannot cross-examine their victims directly to prevent additional trauma
- Domestic Abuse Commissioner: A statutory role created by the Act (see section 4) that works to improve the response to domestic abuse in England and Wales
This Act builds a legal framework that empowers agencies and gives victims more rights.
Crime and Security Act 2010 – Domestic Violence Protection Orders
Domestic Violence Protection Orders (DVPOs) were introduced under this Act. They allow immediate intervention to protect victims, even if they do not press charges.
Key points:
- Police can issue a Domestic Violence Protection Notice (DVPN) to give short-term protection while a court considers whether to make a DVPO. The older DVPN and DVPO regime in the Crime and Security Act 2010 has not yet been repealed while DAPNs and DAPOs are piloted in some areas, so check the current position in the government’s review of the Domestic Abuse Act 2021
- The court can extend protection for up to 28 days via a DVPO
- The aim is to create a period of safety and prevent contact while victims access help and make longer-term decisions
DVPOs are a quick legal measure that prioritise victim safety over prosecution delays.
Serious Crime Act 2015 – Controlling or Coercive Behaviour
This Act introduced a criminal offence for controlling or coercive behaviour within intimate or family relationships.
Examples of controlling or coercive behaviour:
- Isolating a person from friends and family
- Monitoring movements or communications
- Restricting access to finances
- Repeated humiliation or degradation
- Threats to harm loved ones or pets
Key legal points:
- The behaviour must be repeated or continuous and have a serious effect on the victim, as defined in section 76 of the Serious Crime Act 2015 (England and Wales)
- The perpetrator and victim must be personally connected, which can include intimate partners or family members
- The offence carries a maximum sentence of five years in prison
Recognising coercive control is important for health and social care workers, as it often happens without physical violence yet causes significant harm.
Protection from Harassment Act 1997
This Act, which applies mainly in England and Wales, can be used in domestic abuse cases where victims face ongoing harassment. See the Act on legislation.gov.uk.
Main provisions:
- Harassment is conduct causing alarm or distress on two or more occasions
- It is both a criminal offence and can lead to a civil injunction
- Stalking is recognised as a separate offence in England and Wales (see section 2A of the Act)
- Breaching a restraining order under this Act is a criminal offence
For victims, restraining orders can limit contact and help them feel more secure.
Family Law – Occupation and Non-Molestation Orders
Under Part IV of the Family Law Act 1996, victims of domestic abuse can apply for civil orders offering protection.
Types of orders:
- Non-Molestation Orders: Prevent a person from threatening or harassing
- Occupation Orders: Decide who can live in a property, potentially excluding the perpetrator
In some urgent cases, a court in England and Wales can make these orders without the other person being given notice first. See section 45 of the Family Law Act 1996.
Children Act 1989
The Children Act supports safeguarding children impacted by domestic abuse.
Relevant points:
- Courts in England and Wales can take domestic abuse into account when deciding who a child lives with and spends time with. See Practice Direction 12J
- Local authorities in England and Wales must make enquiries under Section 47 if they have reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm. See section 47 of the Children Act 1989
- Under section 31 of the Children Act 1989, harm to a child includes impairment suffered from seeing or hearing the ill-treatment of another person, which can include domestic abuse
Children’s exposure to abuse is now widely treated as safeguarding and public protection issue.
Housing Legislation – Secure Tenancy Rights
Under housing law, victims of domestic abuse may have priority need for rehousing.
Impact:
- In England, a person who is homeless because they are a victim of domestic abuse has priority need for housing help (see section 78 of the Domestic Abuse Act 2021). Housing law differs in Wales, Scotland and Northern Ireland, so check the position where you work
- In England, the Domestic Abuse Act 2021 protects the security of tenure of some survivors who are rehoused by their local authority because of abuse. See section 79 of the Act
This legislation aims to reduce the risk of homelessness when fleeing abuse.
Human Rights Act 1998
Several human rights apply in domestic abuse cases:
- Article 2 – Right to life
- Article 3 – Freedom from torture or degrading treatment
- Article 8 – Right to private and family life
Public bodies have a duty to respect and uphold these rights, which can influence the way police, local authorities, and health workers respond.
Equality Act 2010
The Equality Act protects individuals from discrimination. Domestic abuse services must be accessible and non-discriminatory.
Points relevant to domestic abuse:
- Victims may face discrimination linked to gender, disability, or race
- Services must make reasonable adjustments to support victims with disabilities or language barriers
- Public sector equality duty requires agencies to consider how their work impacts protected groups
This legislation ensures that everyone has fair access to support.
Relevant Guidance and Codes of Practice
While legislation provides the legal framework, guidance helps professionals put it into practice. Examples:
- Statutory Guidance on Domestic Abuse Act 2021: Details how agencies should apply the Act in day-to-day work
- Working Together to Safeguard Children: National guidance on protecting children exposed to abuse
- Multi-Agency Risk Assessment Conferences (MARAC) guidance: Sets out how agencies share information to protect high-risk victims
Knowing both the law and guidance allows workers to make accurate decisions and record actions correctly.
Impact of Legislation on Health and Social Care Practice
Domestic abuse legislation directly affects the responsibilities of health and social care workers.
Responsibilities for workers include:
- Following your organisation’s safeguarding procedures to report concerns about children exposed to abuse. In England, see the statutory guidance Working together to safeguard children
- Identifying coercive control signs and knowing referral pathways
- Understanding how protection orders work and who to contact in emergencies
- Recording information accurately and securely for use in legal proceedings
- Working in partnership with police, housing, and support services
Workers must balance supporting the victim with meeting professional and legal obligations.
Recognising Domestic Abuse under the Law
Legislation helps define what counts as abuse. Recognising the different forms is key.
Types of abuse acknowledged:
- Physical harm
- Sexual violence
- Psychological harm through controlling behaviour
- Financial control and exploitation
- Threats and intimidation
Recognising these forms means you can take the right safeguarding steps.
Support Mechanisms Linked to Legislation
Legal measures are strengthened by support services.
Examples:
- Specialist domestic abuse support workers
- Emergency accommodation funded through housing legislation
- Counselling services offered by charities working alongside statutory agencies
- Police domestic abuse units trained in applying legislation
Legislation often requires agencies to work together so survivors get both legal protection and practical help.
Challenges in Applying Legislation
Not all victims feel able to use legal protections. Workers may face:
- Victims reluctant to involve police
- Fear of retaliation from perpetrators
- Complex family dynamics such as shared parenting
- Lack of awareness about the breadth of behaviours that count as abuse
Understanding these challenges helps you to offer sensitive and informed support.
Training and Awareness
Health and social care workers should receive training on domestic abuse laws.
Training should cover:
- How to spot signs and symptoms
- What legislation applies and how to explain it to victims
- Referral routes to specialist services
- How to record statements and evidence in line with legal standards
Competence in these areas supports victims and keeps workers within legal boundaries.
Recording and Reporting Abuse
Accurate and detailed recording is linked to legislation.
Good practice:
- Record dates, times, and specific behaviours described or observed
- Differentiate between fact and opinion
- Store records securely and only share them according to legal requirements
- Be aware that records might be used in court proceedings
Effective recording protects victims and supports prosecution or civil orders.
Multi-Agency Working
Legislation promotes combined responses from police, health, housing, and social care.
Key points in joint working:
- Share relevant information lawfully, in line with data protection law and your organisation’s policy. See the ICO data sharing guidance
- Attend MARAC meetings for high-risk cases
- Coordinate safety planning for victims and children
- Use agreed risk assessment tools
Partnership working gives better results for victims.
Final Thoughts
Domestic abuse legislation in England and Wales now covers more behaviours, offers stronger protection, and recognises children as victims. Law differs in Scotland and Northern Ireland. As a health and social care worker, knowing these laws helps you protect people, respond quickly, and document cases effectively. The Domestic Abuse Act 2021 is central, but other Acts such as the Serious Crime Act and Children Act remain important.
By applying your knowledge of legislation, you support victims legally and emotionally. You also build trust, show professionalism, and help create a safer environment. Understanding the law is not about legal training alone. It is about using that knowledge in daily interactions to protect people and potentially save lives.