Legislation – Domestic Abuse Act 2021

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Introduction

PART 1
Definition of “domestic abuse”

1 Definition of “domestic abuse”

2 Definition of “personally connected”

3 Children as victims of domestic abuse

PART 2
The Domestic Abuse Commissioner

4 Appointment of Commissioner

5 Funding

6 Staff etc

7 General functions of Commissioner

8 Reports

9 Advice and assistance

10 Incidental powers

11 Framework document

12 Advisory Board

13 Strategic plans

14 Annual reports

15 Duty to co-operate with Commissioner

16 Duty to respond to Commissioner’s recommendations

17 Duty to send conclusions of domestic homicide review to Commissioner

18 Disclosure of information

19 Restriction on exercise of functions in individual cases

20 Duty to report on domestic abuse services in England

21 Amendments relating to Commissioner

PART 3
Powers for dealing with domestic abuse

22 Power to give a domestic abuse protection notice

23 Provision that may be made by notices

24 Matters to be considered before giving a notice

25 Further requirements in relation to notices

26 Breach of notice

27 Meaning of “domestic abuse protection order”

28 Domestic abuse protection orders on application

29 Applications where domestic abuse protection notice has been given

30 Remand under section 29(8) of person arrested for breach of notice

31 Domestic abuse protection orders otherwise than on application

32 Conditions for making an order

33 Matters to be considered before making an order

34 Making of orders without notice

35 Provision that may be made by orders

36 Further provision about requirements that may be imposed by orders

37 Further provision about electronic monitoring requirements

38 Duration and geographical application of orders

39 Breach of order

40 Arrest for breach of order

41 Notification requirements

42 Further provision about notification under section 41

43 Offences relating to notification

44 Variation and discharge of orders

45 Variation and discharge: supplementary

46 Appeals

47 Further provision about appeals

48 Nature of certain proceedings under this Part

49 Special measures for witnesses

50 Guidance

51 Data from electronic monitoring: code of practice

52 Powers to make other orders in proceedings under this Part

53 Proceedings not to be subject to conditional fee agreements

54 Consequential amendments of the Sentencing Code

55 Repeal of provisions about domestic violence protection notices and orders

56 Interpretation of Part 3

PART 4
Local authority support

57 Support provided by local authorities to victims of domestic abuse

58 Domestic abuse local partnership boards

59 Annual reports

60 Guidance

61 Interpretation of Part 4

PART 5
Protection for victims, witnesses, etc in legal proceedings

62 Special measures in criminal proceedings for offences involving domestic abuse

63 Special measures in family proceedings: victims of domestic abuse

64 Special measures in civil proceedings: victims of domestic abuse etc

65 Prohibition of cross-examination in person in family proceedings

66 Prohibition of cross-examination in person in civil proceedings

67 Orders under section 91(14) of the Children Act 1989

PART 6
Offences involving abusive or violent behaviour

68 Controlling or coercive behaviour in an intimate or family relationship

69 Threats to disclose private sexual photographs and films with intent to cause distress

70 Strangulation or suffocation

71 Consent to serious harm for sexual gratification not a defence

72 Offences against the person committed outside the UK: England and Wales

73 Offences against the person committed outside the UK: Northern Ireland

74 Amendments relating to offences committed outside the UK

PART 7
Miscellaneous and general

75 Strategy for prosecution and management of offenders

76 Polygraph conditions for offenders released on licence

77 Guidance about the disclosure of information by police forces

78 Homelessness: victims of domestic abuse

79 Grant of secure tenancies in cases of domestic abuse

80 Prohibition on charging for the provision of medical evidence of domestic abuse

81 Review of processing of victims’ personal data for immigration purposes

82 Code of practice

83 Report on the use of contact centres in England

84 Power of Secretary of State to issue guidance about domestic abuse, etc

85 Power to make consequential amendments

86 Power to make transitional or saving provision

87 Regulations

88 Financial provision

89 Extent

90 Commencement

91 Short title

SCHEDULES

SCHEDULE 1 Further provision about remand under section 40

SCHEDULE 2 Strangulation or suffocation: consequential amendments

SCHEDULE 3 Amendments relating to offences committed outside the UK

Changes to legislation:

Domestic Abuse Act 2021, Section 39 is up to date with all changes known to be in force on or before 07 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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PART 3Powers for dealing with domestic abuse

Domestic abuse protection orders

39Breach of order

(1)

A person who is subject to a domestic abuse protection order commits an offence if without reasonable excuse the person fails to comply with any requirement imposed by the order.

(2)

In a case where the order was made against the person without that person being given notice of the proceedings, the person commits an offence under this section only in respect of behaviour engaged in at a time when the person was aware of the existence of the order.

(See also section 45(8) and (9), which makes similar provision where an order has been varied.)

(3)

Where a person is convicted of an offence under this section in respect of any behaviour, that behaviour is not punishable as a contempt of court.

(4)

A person may not be convicted of an offence under this section in respect of any behaviour which has been punished as a contempt of court.

(5)

A person guilty of an offence under this section is liable—

(a)

on summary conviction—

(i)

to imprisonment for a term not exceeding F1the general limit in a magistrates’ court (or 6 months, if the offence was committed before F22 May 2022), or

(ii)

to a fine,

or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.

(6)

If a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order under section 80 of the Sentencing Code (conditional discharge).

(7)

If a person is convicted of an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence under this section, it is not open to the service court that convicted the person to make, in respect of the offence, an order under section 185 of that Act (conditional discharge).

In this subsection “service court” means the Court Martial or the Service Civilian Court.

(8)

In proceedings for an offence under this section, a copy of the original domestic abuse protection order, certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.