ABSTRACT

This chapter deals with the definition and nature of domestic violence and explains the civil law remedies to domestic abuse. It considers the response of the criminal law to domestic abuse. There are two things to notice about the definition of domestic violence in the Legal Aid, Sentencing and Punishment of Offenders Act 2012. First, domestic violence is understood as a course of conduct rather than an isolated event. Second, domestic violence is seen as being about gaining control of the other party. When the two parties are not associated the Protection from Harassment Act 1997 should be used. Occupation orders are designed to remove someone from parts of the home, all of the home, or even an area around the home. Section 33 can be used by any applicant who has a property interest and is associated with the respondent, and by current or former spouses or civil partners.