Domestic Abuse (Protection) (Scotland) Act 2021

4 Making 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.