Defining domestic abuse – helpful for whom?

Nicola Gabrielle Ho, Pupil barrister, Parkside Chambers, Hong Kong

The Domestic Abuse Act 2021 (the ‘Act’) was signed into law on 29 April 2021, which finally solidified the then Government’s promise to create a statutory definition of domestic abuse. With the Act approaching its fourth anniversary, this article takes a step back from the excitement surrounding the Act’s creation of the first statutory definition of domestic abuse to take a more critical view. It considers the much important (yet often overlooked) questions of whether and why it is helpful to seek to produce a statutory definition of domestic abuse at all? It is argued that these questions cannot be answered without considering the different perspectives of different stakeholders and what a ‘helpful’ definition of domestic abuse means or looks like to them. Through considering these different perspectives, it is hoped that a recurring message comes to the fore that a statutory definition is by no measure a panacea for all misunderstandings and misconceptions surrounding domestic abuse.

The full article has published in the June issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482