Domestic Abuse (Protection) (Scotland) Act 2021

Prospective

Persons to whom, and behaviour to which, notices and orders may relate S

1 Persons to whom domestic abuse protection notices and orders may relate S

(1) A domestic abuse protection notice (see section 5) or domestic abuse protection order (see section 9) may be made—

(a) in relation to a person (“person A”) who is aged 18 or over,

(b) for the purpose of protecting a person (“person B”)—

(i) aged 16 or over who is the partner or ex-partner of person A, and

(ii) with whom person A lives some or all of the time,

from abusive behaviour by person A.

(2) Person A and person B are partners if they are—

(a) spouses or civil partners of each other, or

(b) in 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.

2 Meaning of abusive behaviour S

(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.

(3) Behaviour is behaviour of any kind, including (for example)—

(a) saying or otherwise communicating something as well as doing something,

(b) intentionally failing—

(i) to do something,

(ii) to say or otherwise communicate something.

(4) Behaviour directed at a person is such behaviour however carried out, including (in particular)—

(a) by way of conduct towards property,

(b) through making use of a third party,

as well as behaviour in a personal or direct manner.

(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.

3 What constitutes abusive behaviour S

(1) Subsections (2) to (4) elaborate on when behaviour by person A is abusive of person B.

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

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

(b) behaviour directed at person B, at a child of person 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 person B dependent on, or subordinate to, person A,

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

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

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

(e) 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.