Domestic Abuse (Protection) (Scotland) Act 2021
| Jurisdiction | Scotland |
in relation to a person (“person A”) who is aged 18 or over,aged 16 or over who is the partner or ex-partner of person A, andwith whom person A lives some or all of the time,spouses or civil partners of each other, orin an intimate personal relationship with each other.(3) Whether person A and person B are “ex-partners” is to be determined accordingly.(4) For the purposes of subsection (1) (b) (ii) , the reference to person A living with person B is a reference to those persons living, at the same time, in any place where either person A or person B lives to any extent.(5) References in this Part to person A and person B are to be construed in accordance with this section.(1) In this Part, “abusive behaviour by person A” means behaviour by person A which is abusive of person B.(2) Behaviour by person A is abusive of person B if a reasonable person would consider the behaviour to be likely to cause person B to suffer physical or psychological harm.saying or otherwise communicating something as well as doing something,to do something,to say or otherwise communicate something.by way of conduct towards property,through making use of a third party,(5) In subsection (2) , the reference to psychological harm includes fear, alarm and distress.(6) Behaviour may consist of a single incident or a course of conduct.(1) Subsections (2) to (4) elaborate on when behaviour by person A is abusive of person B.behaviour directed at person B that is violent, threatening or intimidating, has as its purpose (or among its purposes) one or more of the relevant effects set out in subsection (3) , orwould be considered by a reasonable person to be likely to have one or more of the relevant effects set out in subsection (3) .making person B dependent on, or subordinate to, person A,isolating person B from friends, relatives or other sources of support,controlling, regulating or monitoring person B's day-to-day activities,depriving person B of, or restricting person B's, freedom of action,frightening, humiliating, degrading or punishing person B.(4) In subsection (2) (a) , the reference to violent behaviour includes sexual violence as well as physical violence.person A has engaged in behaviour which is abusive of person B,it is necessary for a domestic abuse protection order to be made for the purpose of protecting person B from abusive behaviour by person A, andthere is a risk of person A engaging in further behaviour which is abusive of person B immediately and it is necessary to make the notice for the purpose of protecting person B from that behaviour.(2) In subsection (1) (c) , “immediately” means in the period before the sheriff can make an interim domestic abuse protection order or a domestic abuse protection order.(3) It does not matter whether the abusive behaviour referred to in subsection (1) (a) took place in Scotland or elsewhere.to establish whether person A has any views in relation to the notice which person A wishes to be taken into account, and if so, to obtain those views,to establish whether person B has any views in relation to the notice which person B wishes to be taken into account, and if so, to obtain those views, andany views of which the senior constable becomes aware as a result of paragraph (a) , andthe welfare of any child whose interests the senior constable considers to be relevant to the making of the notice.(5) A domestic abuse protection notice may be made without the consent of person B.requires person A to leave any place where person B lives (whether or not it is also a place where person A lives, and even if it is person A's only or main place of residence) ,requires person A to surrender keys to any such place,prohibits person A from entering any such place,prohibits person A from coming within such distance of any such place as is specified in the notice,prohibits person A from excluding person B from any such place,prohibits person A from approaching or contacting, or attempting to approach or contact, person B,prohibits person A from approaching or contacting, or attempting to approach or contact, any child usually residing with person B.(2) The notice may impose a requirement or prohibition mentioned in subsection (1) only if the senior constable who makes the notice considers it necessary for the purpose of protecting person B from abusive behaviour by person A.
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