Domestic Violence Act 1995

4 Meaning of domestic relationship

(1)

For the purposes of this Act, a person is in a domestic relationship with another person if the person—

(a)

is a spouse or partner of the other person; or

(b)

is a family member of the other person; or

(c)

ordinarily shares a household with the other person; or

(d)

has a close personal relationship with the other person.

(2)

For the purposes of subsection (1)(c), a person is not regarded as sharing a household with another person by reason only of the fact that—

(a)

the person has—

(i)

a landlord-tenant relationship; or

(ii)

an employer-employee relationship; or

(iii)

an employee-employee relationship—

with that other person; and

(b)

they occupy a common dwellinghouse (whether or not other people also occupy that dwellinghouse).

(3)

For the purposes of subsection (1)(d), a person is not regarded as having a close personal relationship with another person by reason only of the fact that the person has—

(a)

an employer-employee relationship; or

(b)

an employee-employee relationship—

with that other person.

(4)

Without limiting the matters to which a court may have regard in determining, for the purposes of subsection (1)(d), whether a person has a close personal relationship with another person, the court must have regard to—

(a)

the nature and intensity of the relationship, and in particular—

(i)

the amount of time the persons spend together:

(ii)

the place or places where that time is ordinarily spent:

(iii)

the manner in which that time is ordinarily spent;—

but it is not necessary for there to be a sexual relationship between the persons:

(b)

the duration of the relationship.

Section 4(1)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).