Prospective
4Making of domestic abuse protection noticeS
(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.