Set out below are various terms and their definitions:

England

Domestic violence

There is no statutory definition of domestic violence/abuse. The cross-governmental definition is:

Any incident or pattern of incidents of controlling, coercive, threatening behavior, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality.^[53]

It covers, but is not limited to psychological, physical, sexual, financial and emotional forms of abuse.

Contrary to the terms of the Istanbul Convention, the current definition does not acknowledge that domestic abuse is a gendered crime, and a form of violence particularly targeted against women and girls.

A statutory definition of "domestic abuse" (with supporting guidance) has been included in the Bill:

1. Behaviour by a person ("A") towards another person ("B") is "domestic abuse" if—

1. A and B are each aged 16 or over and are personally connected, and
2. the behaviour is abusive.

2. Behaviour is "abusive" if it consists of any of the following—

1. physical or sexual abuse;
2. violent or threatening behaviour;
3. controlling or coercive behaviour;
4. economic abuse (defined below);
5. psychological, emotional or other abuse.

3. "Economic abuse" means any behaviour that has a substantial adverse effect on B's ability to—

1. acquire, use or maintain money or other property, or
2. obtain goods or services.

4. For the purposes of the Bill, A's behaviour may be behaviour "towards" B despite the fact that it consists of conduct directed at another person (for example, B's child).

5. References in the Bill to being abusive towards another person are to be read in accordance with this definition.

6. "Personally connected" means:

1. they are, or have been, married to each other;
2. they are, or have been, civil partners of each other;
3. they have agreed to marry one another (whether or not the agreement has been terminated);
4. they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
5. they are, or have been, in an intimate personal relationship with each other;
6. they each have, or there has been a time when they each have had, a parental relationship in relation to the same child ("parental relationship" is defined below);
7. they are relatives.

7. Parental relationship in relation to a child means if—

1. the person is a parent of the child, or
2. the person has parental responsibility for the child.

8. In this section—

"child" means a person under the age of 18 years;

"civil partnership agreement" has the meaning given by section 73 of the Civil Partnership Act 2004;

"parental responsibility" has the same meaning as in the Children Act 1989 (see section 3 of that Act);

"relative" has the meaning given by section 63(1) of the Family Law Act 1996.

Scotland

Domestic violence

Whilst there is no strict definition of "domestic violence," the offense of "domestic abuse" was introduced in the Domestic Abuse (Scotland) Act 2018, which criminalizes behavior that a reasonable person would consider likely to cause their partner or ex-partner to suffer physical or psychological abuse.^[58]Examples of abusive behaviors and the intended effects are set out in the legislation.

Northern Ireland

Domestic violence

 There is not currently a statutory definition of "domestic violence" in Northern Ireland. The definition of domestic abuse as outlined in the Northern Ireland government strategy 'Stopping Domestic and Sexual Violence and Abuse in Northern Ireland' is, any:

Threatening, controlling, coercive behaviour, violence or abuse (psychological, virtual, physical, verbal, sexual, financial or emotional) inflicted on anyone (irrespective of age, ethnicity, religion, gender, gender identity, sexual orientation or any form of disability) by a current of former partner or family member. 

'Family members' include mother, father, son, daughter, brother, sister, grandparents, whether directly or indirectly related, in-laws or stepfamily. 

'Intimate partners' means there must have been a relationship with a degree of continuity and stability. The relationship must also have had (or reasonably supposed to have had) a sexual aspect, such as in the relationship between husband and wife or between others generally recognised as a couple including same sex couples.

The offense of abusive behavior is proposed to be included in the Domestic Abuse and Family Proceedings Bill 2020, which criminalizes behavior that a reasonable person would consider likely to cause their partner or ex-partner to suffer physical or psychological abuse. Examples of abusive behaviors and the intended effects are set out in the draft legislation.

England

Stalking

Whilst there is no strict legal definition of "stalking," the relevant legislation (Section 2A of the Protection from Harassment Act 1997) describes stalking as harassment (i.e., a course of conduct of two incidents or more) and sets out a nonexhaustive list of example behaviors that will amount to stalking, including: contacting/attempting to contact; publishing statements or material about the victim; monitoring the victim (including online); loitering in a public or private place; interfering with property; and watching or spying.^[54]

A person will be guilty of the offense of stalking if they know or ought to know that the course of conduct amounts to harassment of the other person.

This definition is slightly wider than the definition in the Istanbul Convention. Under the terms of the Istanbul Convention, the conduct of the perpetrator needs to be "threatening" — such that the victim fears for their safety — to amount to stalking.

Scotland

Stalking

There is no strict legal definition of "stalking" but the offense is set out in Section 39 of the Criminal Justice and Licensing (Scotland) Act 2010^[59]as two or more incidents of conduct that cause, are intended to cause, or where the perpetrator's behavior is reckless as to whether it causes, the victim to suffer fear and alarm.

The legislation includes a definition of the relevant "conduct" including following, monitoring, loitering, etc.

Northern Ireland 

Stalking

There is no legal definition of stalking. As per the Police Service of Northern Ireland, it is generally accepted that it includes repeated attempts to impose unwanted communications and/or contacts on another in a manner that could be expected to cause distress and/or fear in any reasonable person.^[63]

England

Harassment

Harassment is a course of conduct (meaning two or more incidents) that is deliberately intended to cause another person distress or alarm.^[55]

When deciding whether any particular course of conduct amounts to harassment, the court will consider whether a reasonable person, looking at the behavior from outside the situation, would think that it amounts to harassment.

Scotland

Harassment

Harassment is a course of conduct (meaning two or more incidents) that is deliberately intended to cause another person distress or alarm.^[60]

When deciding whether any particular course of conduct amounts to harassment, the court will consider whether it was intended or whether a reasonable person, looking at the behavior from outside the situation, would think that it amounts to harassment.

Northern Ireland

Harassment

The Protection from Harassment Order (NI) 1997 prohibits the act of harassment, stating that a person must not pursue a course of conduct that amounts to harassment of another and that the perpetrator knows or ought to know will cause the victim harassment (which includes alarming the person or causing them distress).

England

Victim

Under the Code of Practice for Victims of Crime (2015), a "victim" is defined as:

• a natural person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence; and
• a close relative of a person whose death was directly caused by a criminal offence. "Close relative" is defined as the spouse, the partner, the relatives in direct line, the siblings and the dependants of the victim. Other family members, including guardians and carers, may be considered close relatives at the discretion of the service provider.^[56]

Scotland

Victim

The Victim's Code for Scotland sets out the rights of victims but does not provide a definition of "victim."^[61]

Northern Ireland

Victim

A victim is:

• someone who is or has been physically or psychologically injured as a result of or in consequence of a conflict-related incident
• someone who provides a substantial amount of care on a regular basis for such an individual
• someone who has been bereaved as a result of or in consequence of a conflict-related incident^[64]

England

Abuser

There is no statutory definition of an abuser. 

Scotland

Abuser

There is no statutory definition of an abuser. 

Northern Ireland

Abuser

There is no statutory definition of an abuser. 

England

Civil protection order

There are three types of injunction that a victim can apply for to protect against domestic violence in England and Wales:

1. an occupation order to exclude someone from your home
2. a non-molestation order to prevent someone who is connected to the victim (e.g., a family member or someone who the victim has had a relationship with) from being violent, threatening violence, harassing or intimidating them
3. a restraining order to protect someone from harassment or fear of violence for a specified period or until a further order is made

Further information about these orders is available in Section 4.

In England and Wales, in the immediate aftermath of a domestic abuse incident, the police and magistrates may put in place a DVPO to provide the victim with a period of time, up to 28 days, in which to consider their options and get the support that they need. Breach of a DVPO is not currently a criminal offense.

In Scotland, a spouse, civil partner or cohabitant can make an application for a "non-molestation interdict" to prevent certain conduct by their former partner.

The Bill introduces two new civil protections that will replace DVPOs. The first is a domestic abuse protection notice, which can be issued by the police to provide immediate protection following a domestic abuse incident (for example to require a perpetrator to leave the victim's home for up to 48 hours). The second is the domestic abuse protection order, which provides for flexible, longer-term protection for victims. Such orders will be available on application by the police to the magistrates' court, and to the victims and specified third parties in the family court.

Scotland

Civil protection order

In Scotland, interdicts are available for a range of behavior including:

• coming within a certain distance of the victim's home or place of work
• coming within a certain distance of the victim's child's school
• removing furniture or belongings from the victim's home
• threatening the victim
• physically assaulting the victim
• verbally assaulting the victim
• making abusive phone calls to the victim
• doing anything to frighten, alarm or distress the victim or the victim's children

Northern Ireland

Civil protection order

There are three types of injunction that a victim can apply for to protect against domestic violence in Northern Ireland:

1. an occupation order to exclude someone from your home
2. a non-molestation order to prevent someone who is connected to the victim (e.g., a family member or someone who the victim has had a relationship with) from being violent, threatening violence, harassing or intimidating them
3. a restraining order to protect someone from harassment or fear of violence for a specified period or until a further order is made

In emergency situations, an exclusion order will be granted where the abuse is so serious the perpetrator must be kept out of the matrimonial home until there is a full hearing.

England

Causes of action

There are multiple causes of action that can be pursued depending on the nature of the abuse suffered by the victim, see above.

Scotland 

Causes of action

There are multiple causes of action that can be pursued depending on the nature of the abuse suffered by the victim, see above.

Northern Ireland

Causes of action

There are multiple causes of action that can be pursued depending on the nature of the abuse suffered by the victim, see above.

Note: The Public Prosecution Service for Northern Ireland has produced a list of rape and other sexual offenses.^[65]

England

Marital rape

Marital rape is the act of sexual intercourse with one's spouse without the spouse's consent.^[57]Marital rape can be committed by those who cohabit as spouses, but are not legally married.

Scotland

Marital rape

Marital rape is the act of sexual intercourse with one's spouse without the spouse's consent.^[62]

Northern Ireland

Marital rape

The offense of rape is criminalized in the Sexual Offences (Northern Ireland) Order 2008. Although the Act does not deal with marital rape specifically, the Public Prosecution Service for Northern Ireland states that the policy applies to "all types of rape" including "marital and relationship rape."