Part 1, Section 3 · Domestic Abuse (Protection) (Scotland) Act 2021

Contents

3What constitutes abusive behaviour#

(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.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 10

Show every defined term

abusive behaviour by person A
means behaviour by person A which is abusive of person B.
chief constable
means the chief constable of the Police Service of Scotland, • “child” means a person who is under the age of 18, • “constable” means a constable within the meaning of section 99(1) of the Police and Fire Reform (Scotland) Act 2012, • “court day” means, in relation to an application for a domestic abuse protection order, a day which is not— (a) a Saturday or Sunday, or (b) a day which, by virtue of an order made under section 28(1) of the Courts Reform (Scotland) Act 2014, is a court holiday in the sheriff court in which the sheriff to whom the application is made is sitting, • “domestic abuse protection notice” means a notice made under section 4(1), • “domestic abuse protection order” means an order made under section 8(2), • “interim domestic abuse protection order” means an order made under section 10(1), • “person A” and “person B” are to be construed in accordance with section 1(5), • “senior constable” means a constable holding the rank of inspector or above.
child
means a person who is under the age of 18, • “constable” means a constable within the meaning of section 99(1) of the Police and Fire Reform (Scotland) Act 2012, • “court day” means, in relation to an application for a domestic abuse protection order, a day which is not— (a) a Saturday or Sunday, or (b) a day which, by virtue of an order made under section 28(1) of the Courts Reform (Scotland) Act 2014, is a court holiday in the sheriff court in which the sheriff to whom the application is made is sitting, • “domestic abuse protection notice” means a notice made under section 4(1), • “domestic abuse protection order” means an order made under section 8(2), • “interim domestic abuse protection order” means an order made under section 10(1), • “person A” and “person B” are to be construed in accordance with section 1(5), • “senior constable” means a constable holding the rank of inspector or above.
constable
means a constable within the meaning of section 99(1) of the Police and Fire Reform (Scotland) Act 2012, • “court day” means, in relation to an application for a domestic abuse protection order, a day which is not— (a) a Saturday or Sunday, or (b) a day which, by virtue of an order made under section 28(1) of the Courts Reform (Scotland) Act 2014, is a court holiday in the sheriff court in which the sheriff to whom the application is made is sitting, • “domestic abuse protection notice” means a notice made under section 4(1), • “domestic abuse protection order” means an order made under section 8(2), • “interim domestic abuse protection order” means an order made under section 10(1), • “person A” and “person B” are to be construed in accordance with section 1(5), • “senior constable” means a constable holding the rank of inspector or above.
court day
means, in relation to an application for a domestic abuse protection order, a day which is not— (a) a Saturday or Sunday, or (b) a day which, by virtue of an order made under section 28(1) of the Courts Reform (Scotland) Act 2014, is a court holiday in the sheriff court in which the sheriff to whom the application is made is sitting, • “domestic abuse protection notice” means a notice made under section 4(1), • “domestic abuse protection order” means an order made under section 8(2), • “interim domestic abuse protection order” means an order made under section 10(1), • “person A” and “person B” are to be construed in accordance with section 1(5), • “senior constable” means a constable holding the rank of inspector or above.
domestic abuse protection notice
means a notice made under section 4(1), • “domestic abuse protection order” means an order made under section 8(2), • “interim domestic abuse protection order” means an order made under section 10(1), • “person A” and “person B” are to be construed in accordance with section 1(5), • “senior constable” means a constable holding the rank of inspector or above.
domestic abuse protection order
means an order made under section 8(2), • “interim domestic abuse protection order” means an order made under section 10(1), • “person A” and “person B” are to be construed in accordance with section 1(5), • “senior constable” means a constable holding the rank of inspector or above.
interim domestic abuse protection order
means an order made under section 10(1), • “person A” and “person B” are to be construed in accordance with section 1(5), • “senior constable” means a constable holding the rank of inspector or above.
partner or ex-partner of person T
means— i the spouse or civil partner of person T, ii a former spouse or former civil partner of person T, iii a person with whom person T has, in the period of 12 months ending with the date on which the proceedings are raised under section 14(1), lived in the house as if a spouse of person T for a period of, or more than one period amounting in total to, at least 6 months, b the reference to behaviour by person T which is abusive of person P is to be construed in accordance with sections 2 and 3 of the Domestic Abuse (Protection) (Scotland) Act 2021, as if the references in those sections to— i person A were references to person T, ii person B were refere
senior constable
means a constable holding the rank of inspector or above.