Domestic Abuse (Protection) (Scotland) Act 2021

Prospective

1Persons to whom domestic abuse protection notices and orders may relateS

This section has no associated Explanatory Notes

(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.