Domestic Abuse Laws in Scotland: Seeking Protection and Support

Domestic abuse is a serious issue affecting many people across Scotland. Whether it’s physical, emotional, financial, or psychological abuse, the law in Scotland offers protections for victims and seeks to hold abusers accountable. This article will guide you through the key laws and resources available to those facing domestic abuse.

What is Domestic Abuse?

Domestic abuse is not just about physical violence. It can include controlling behaviour, threats, manipulation, financial control, or emotional harm. In 2019, Scotland introduced the “Domestic Abuse (Scotland) Act 2018”, which recognises a broader range of abusive behaviours. This law focuses on the impact of “coercive control”, where abusers try to dominate and control their partner through fear, humiliation, or intimidation.

Legal Protections for Victims

If you’re experiencing domestic abuse, the law provides several ways to protect you. Some of the key legal protections include:

Interdicts and Non-Harassment Orders

An “interdict” is a court order that stops the abuser from certain actions, such as coming near your home or workplace. Breaching an interdict can result in criminal charges.

A “Non-Harassment Order (NHO)” is more focused on preventing harassment. It can cover a range of behaviours, from physical abuse to sending unwanted messages or following you. Breaching an NHO is a criminal offence.

Exclusion Orders

If you live with your abuser, you can apply for an “Exclusion Order”. This is a court order that can remove the abuser from your shared home, even if they are the legal owner or tenant. The aim is to make sure you and any children involved are safe.

Police Powers

Police in Scotland can take immediate action to protect victims of domestic abuse. They have the authority to arrest an abuser, and they can issue a “Domestic Abuse Protection Notice” (DAPN) which provides short-term safety while the case is investigated.

Bail Conditions

After an abuser has been arrested, the court can impose “bail conditions”. These can include orders to stay away from the victim, not to contact them, or to avoid certain areas.

The Role of the Domestic Abuse (Scotland) Act 2018

The “Domestic Abuse (Scotland) Act 2018” is groundbreaking because it recognises that abuse is often about more than physical violence. It criminalises behaviours designed to control, frighten, or degrade a partner, even if there is no physical harm. This means that victims who suffer emotional or psychological abuse have legal protections, and perpetrators can be prosecuted for such behaviour.

Importantly, this law also recognises the impact of domestic abuse on children. Children who live in an environment where domestic abuse occurs are now legally recognised as victims themselves, which can have important implications for court decisions, including custody arrangements.

What to Do if You’re Experiencing Domestic Abuse

If you or someone you know is experiencing domestic abuse, it’s important to seek help. Here are some steps you can take:

Call the Police

In an emergency, always call 999. Police Scotland takes domestic abuse seriously and will respond quickly to protect victims.

Contact a Solicitor

A solicitor who specialises in family law can help you apply for court orders like interdicts or Non-Harassment Orders. They can also advise you on your legal rights and what steps to take to protect yourself and your family.

Reach Out to Support Services

Several charities and organisations offer help to victims of domestic abuse. Some of the key services include:

Scottish Women’s Aid: Provides support and information for women, children, and young people affected by domestic abuse.

Rape Crisis Scotland: Offers support to survivors of sexual violence, which can sometimes be part of domestic abuse.

Men’s Advice Line: A confidential helpline for men experiencing domestic abuse.

Consider a Safety Plan

A safety plan can help you prepare for a situation where you need to leave your home quickly. This might involve identifying a safe place to go, having essential documents ready, and knowing who to call for support.

Conclusion

Domestic abuse can be terrifying and overwhelming, but there are laws and resources in Scotland to protect and support you. If you are experiencing abuse, reaching out for help is the first step towards safety. Whether through legal measures like interdicts and exclusion orders, or with the support of specialised organisations, you don’t have to face this alone. Scottish law is designed to ensure that victims of domestic abuse are protected, and abusers are held accountable for their actions.

If you need legal advice or want to understand more about your rights, contacting a solicitor experienced in domestic abuse law is essential.

If you have an issue or simply wish more information, then please contact our experienced Family Law solicitors on 01259 723 201 or contact help@randa-fa.co.uk and we would be delighted to assist.