Domestic Abuse

The Domestic Abuse Act 2021 introduced a broad statutory definition of domestic abuse, expressly including emotional and psychological abuse.

The procedure to be followed in family law cases is set out in the Family Procedure Rules and practice directions. Practice Direction 12J (‘PD12J’) applies in child arrangement proceedings where there are allegations or risk of domestic abuse. PD12J applies the definition of domestic abuse used in the Domestic Abuse Act, so includes psychological and emotional abuse. In such cases, PD12J sets out the steps the courts must take in order to assess risk and ensure that any decisions about arrangements for a child are safe and in a child’s best interests.

The Government is committed to rolling out Child Focused Courts nationally within the next three years. The Child Focused model embeds referrals to local, specialist domestic abuse support services when domestic abuse is raised as an issue in the case. An Independent Domestic Violence Adviser (IDVA) delivers specialist, victim-centred emotional and practical support to victims of domestic abuse. Under the model, the IDVA also undertakes a risk assessment and provides the court with expert insights into the risks of domestic abuse in the case.

Cafcass’ domestic abuse practice policy came into force in September 2024 and sets out the actions for Cafcass practitioners and managers to take when working with children and adults who have experienced domestic abuse. The policy refers to the relevant sections of PD12J, referencing emotional and psychological abuse.