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Domestic Abuse (Scotland) Act 2011

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3Determination as to whether an interdict is a domestic abuse interdict

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(1)A person who is applying for, or who has obtained, an interdict may apply to the court for a determination that the interdict is a domestic abuse interdict.

(2)The court may make the determination if satisfied that the interdict is, or is to be, granted for the protection of the applicant against a person who is (or was)—

(a)the applicant’s spouse,

(b)the applicant’s civil partner,

(c)living with the applicant as if they were husband and wife or civil partners, or

(d)in an intimate personal relationship with the applicant.

(3)Before making a determination under subsection (1), the court must give the person against whom the interdict is, or is to be, granted (“A”) an opportunity to make representations.

(4)A determination under subsection (1) is of no effect for the purposes of section 2 until a copy of the interlocutor containing the determination has been served on A.

(5)Where a court varies an interdict in relation to which a determination under subsection (1) is in effect, the court must—

(a)review whether the interdict as varied continues to be a domestic abuse interdict, and

(b)if not, recall the determination.

(6)A determination under subsection (1) ceases to have effect for the purposes of section 2 if it is recalled under subsection (5).

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