Part 1Domestic abuse protection notices and orders
Domestic abuse protection notices
4Making of domestic abuse protection notice
1
A senior constable may make a domestic abuse protection notice in relation to person A if the constable has reasonable grounds for believing that—
a
person A has engaged in behaviour which is abusive of person B,
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, and
c
there 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.
4
Before making a domestic abuse protection notice in relation to person A, the senior constable must—
a
take such steps as are reasonable in the circumstances—
i
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,
ii
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, and
b
take into account—
i
any views of which the senior constable becomes aware as a result of paragraph (a), and
ii
the 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.