The Domestic Abuse Act 2021 in family proceedings — what changed for parents

REVIEWED BY: Sean McNamara on 2026-08-30

The Domestic Abuse Act 2021 reshaped how the family justice system handles abuse. Several of its provisions apply directly in family courts and Children Act proceedings — and if you're involved in a child arrangements or injunction case, they matter to you. This guide summarises the changes that affect families. It is general information, not legal advice.

The statutory definition of domestic abuse

Section 1 of the Act defines domestic abuse for the first time in one place: behaviour that is physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; or psychological, emotional or other abuse — where the parties are personally connected (partners, ex-partners, family members) and the victim is aged 16 or over. Economic abuse is expressly defined to include controlling a person's access to money, property or essential goods.

Family procedure rules now use this definition — including in the MIAM exemption rules and Practice Direction 12J.

Children as victims in their own right

Section 3 provides that a child who sees, hears or experiences domestic abuse between two connected people is treated as a victim of that abuse in their own right. This is significant in family proceedings: a child who witnessed abuse is recognised as affected by it — relevant to the welfare checklist, risk assessments, and the child's needs in any arrangements dispute.

Barring repeated applications — the section 91(14) reforms

The Act strengthened the court's power to stop abusive repeat litigation:

• Section 91A requires courts to consider whether a fresh applicant has shown a change of circumstances and whether the application could benefit the child
• The Act creates a presumption that a person with relevant domestic abuse convictions or findings is applying inappropriately when seeking permission to apply — they must satisfy the court otherwise
• Practice Direction 12Q directs courts to consider s.91(14) barring orders proactively where proceedings are being used to continue abuse

New police and court powers — DAPNs and DAPOs

Part 3 of the Act created the domestic abuse protection notice (DAPN) and domestic abuse protection order (DAPO) — stronger than the old DVPO: longer duration, positive requirements (such as perpetrator programmes), wider eligibility to apply, and breach as a criminal offence. These commenced on a piloted basis from November 2024 in specified areas, extended to run until 24 November 2026. Outside pilot areas, the DVPO scheme and the family court's FL401 injunctions remain the routes.

Controlling or coercive behaviour

The Act sits alongside the Serious Crime Act 2015 offence of controlling or coercive behaviour in intimate or family relationships — a pattern of acts designed to isolate, control or frighten. Family courts treat proven coercive control as highly relevant to:

• whether a fact-finding hearing is needed (PD12J)
• the safety of contact arrangements
• applications for barring orders where litigation continues the pattern of control

What this means practically

1. Use the statutory language — describe economic abuse, coercive control and psychological abuse by name in your C1A and statements; the definition covers far more than violence 2. Your child counts as a victim if they witnessed abuse — say so; it belongs in the welfare analysis 3. Ask for PD12J to be applied at the first hearing — special measures, fact-finding decisions, safe contact design 4. If repeat applications are the weapon, ask for a s.91(14) order — the Act was built for exactly this scenario 5. Know your local position on DAPNs/DAPOs — pilot areas have stronger short-term police and court powers; elsewhere, non-molestation/occupation orders and DVPNs/DVPOs apply

Official links

• Domestic Abuse Act 2021 (legislation.gov.uk)
• DAPNs and DAPOs — gov.uk pilot guidance
• s.91(14) barring orders — gov.uk factsheet
• Practice Direction 12J (justice.gov.uk)
• FL401 — apply for a non-molestation or occupation order
• National Domestic Abuse Helpline: 0808 2000 247

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YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to MoJ, HMCTS, or gov.uk. This page is general information and is not legal advice.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.