Part 1: Definition of "domestic abuse" Section 1: Definition of "domestic abuse"
This section defines the term "domestic abuse". The definition applies for the purposes of the Act, but it is expected to be adopted more generally, for example by public authorities and frontline practitioners. The definition of domestic abuse is in two parts. The first part deals with the relationship between the abuser and the abused. The second part defines what constitutes abusive behaviour. There are two criteria governing the relationship between the abuser and the abused. The first criterion provides that both the person who is carrying out the behaviour and the person to whom the behaviour is directed towards must be aged over 16. Abusive behaviour directed at a person under 16 would be dealt with as child abuse rather than domestic abuse. The second criterion provides that both persons must be personally connected (as defined in section 2).
	Subsections (2)(b) and (3) sets out the types of behaviours that would constitute domestic abuse, if the two relationship criteria above are met. The five behaviours listed are not mutually exclusive. Behaviours that constitute "physical or sexual abuse" and "violent or threatening behaviour" are self-explanatory and likely to be readily understood by the majority of members of public and agencies responding to domestic abuse, but other terms may be less well understood and require further explanation. The reference to "behaviour" covers both a single incident and a course of conduct.
	Subsection (3)(c) refers to "controlling or coercive behaviour".
	Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
	Coercive behaviour is: a continuing act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish or frighten their victim.
	Subsection (3)(d) refers to "economic abuse", the definition of which in subsection (4) provides that behaviours which constitute such abuse must have a substantial and adverse effect on a victim’s ability to acquire, use or maintain money or other property, or to obtain goods or services. The purpose of including the qualification "substantial and adverse effect" is to ensure that isolated incidents, such as damaging someone’s car, or not disclosing financial information, are not inadvertently captured. "Property" would cover items such a mobile phone or a car and also include pets or other animals (for example agricultural livestock). "Goods and services" would cover, for example, utilities such as heating, or items such as food and clothing.
	Subsection (5) provides that a person may indirectly abuse another person through a third party, such as a child or another member of the same household. For example, the abuser may direct behaviour towards a child in the household, in order to facilitate or perpetuate the abuse of her or his partner.