Domestic Abuse (Scotland) Act 2018

2What constitutes abusive behaviourS

This section has no associated Explanatory Notes

(1)Subsections (2) to (4) elaborate on section 1(1) as to A's behaviour.

(2)Behaviour which is abusive of B includes (in particular)—

(a)behaviour directed at B that is violent, threatening or intimidating,

(b)behaviour directed at B, at a child of B or at another person that either—

(i)has as its purpose (or among its purposes) one or more of the relevant effects set out in subsection (3), or

(ii)would be considered by a reasonable person to be likely to have one or more of the relevant effects set out in subsection (3).

(3)The relevant effects are of—

(a)making B dependent on, or subordinate to, A,

(b)isolating B from friends, relatives or other sources of support,

(c)controlling, regulating or monitoring B's day-to-day activities,

(d)depriving B of, or restricting B's, freedom of action,

(e)frightening, humiliating, degrading or punishing B.

(4)In subsection (2)—

(a)in paragraph (a), the reference to violent behaviour includes sexual violence as well as physical violence,

(b)in paragraph (b), the reference to a child is to a person who is under 18 years of age.

Commencement Information

I1S. 2 in force at 1.4.2019 by S.S.I. 2018/387, reg. 2 (with reg. 4)