Best Domestic Violence Lawyers in Aberdeen

About Domestic Violence Law in Aberdeen, United Kingdom

Domestic abuse in Aberdeen is dealt with under Scots law. It covers a wide range of harmful behaviors between partners and ex-partners, including physical violence, sexual harm, threats, stalking, isolation from friends and family, controlling day to day life, and financial control. The Domestic Abuse Scotland Act 2018 created a specific criminal offence that recognises patterns of coercive and controlling behavior, not just single incidents. Police Scotland investigates, and the Crown Office and Procurator Fiscal Service decides whether to prosecute. Civil courts in Aberdeen can also grant urgent protective orders to help you stay safe and protect children. There is a strong local network of support providers, the council, and health services that work together to reduce risk and plan safety.

Anyone can be affected by domestic abuse. It can happen in married relationships, civil partnerships, cohabitation, dating relationships, and after separation. It affects people of all genders and backgrounds. If you are in immediate danger, call 999. For non-emergency police assistance, call 101.

Why You May Need a Lawyer

You may need a lawyer to secure fast protection. A solicitor can apply to the Sheriff Court in Aberdeen for an urgent interdict or a non-harassment order, and in some cases an exclusion order to remove an abusive partner from the home. Interim orders can sometimes be granted on the same day to reduce risk quickly.

You may need help with housing and property. A lawyer can advise on occupancy rights under the Matrimonial Homes Family Protection Scotland Act 1981, tenancy and homelessness options with the council, and how to protect your belongings and documents.

If you have children, a lawyer can help with child residence and contact, make sure the court understands the risks, and request safe contact arrangements or supervised contact where appropriate. The Children Scotland Act requires the court to put children’s welfare first and to consider the impact of abuse.

If there is a criminal case, a solicitor can explain what to expect, liaise with the Procurator Fiscal’s Victim Information and Advice service where applicable, and help you seek special measures so you do not have to face the accused in court. If you are accused of an offence, you should seek immediate legal advice about your rights, bail conditions, and how to prepare your defence.

A solicitor can also guide you on evidence gathering, privacy protections, compensation through the Criminal Injuries Compensation Authority, immigration and the Destitute Domestic Violence Concession if your visa depends on your relationship, and eligibility for legal aid through the Scottish Legal Aid Board.

Local Laws Overview

Domestic Abuse Scotland Act 2018. This creates a standalone criminal offence covering a course of abusive behavior toward a partner or ex-partner, including psychological and financial abuse. There is a child aggravation if a child sees, hears, or is affected by the abuse. Serious cases can be prosecuted on indictment with significant penalties.

Protection from Abuse Scotland Act 2001. The Sheriff Court can grant an interdict against an abuser and attach a power of arrest so the police can arrest on reasonable suspicion of a breach.

Protection from Harassment Act 1997 Scotland. The court can grant a non-harassment order to prohibit harassment and stalking. Breach is a criminal offence.

Matrimonial Homes Family Protection Scotland Act 1981. Provides occupancy rights and allows exclusion orders in certain situations so an abusive spouse or partner can be removed from the home for safety. Cohabitants can apply for occupancy rights.

Criminal Justice and Licensing Scotland Act 2010. Creates the stalking offence. Stalking and harassment can be charged even without physical violence.

Abusive Behaviour and Sexual Harm Scotland Act 2016. Outlaws non-consensual sharing of intimate images and strengthens protections for complainers, including jury directions in relevant cases.

Police and prosecution. Police Scotland can set protective conditions on undertakings after charge. Courts can impose bail conditions that bar contact and attendance at certain addresses. The Crown Office and Procurator Fiscal Service decides whether to proceed with a case based on the public interest. Victims cannot usually drop charges once reported.

Family law and children. The Children Scotland Act 1995 as amended requires the court to consider the need to protect the child from abuse when making contact and residence decisions. The court can make orders that limit or supervise contact and put safety arrangements in place. Special measures can be used to prevent direct questioning by an abuser and to support vulnerable witnesses.

Disclosure Scheme for Domestic Abuse Scotland. You can ask Police Scotland if a partner has a history of abuse. Police can also proactively disclose risk information in some circumstances.

Housing and homelessness. Aberdeen City Council must assist people who are homeless or threatened with homelessness because of domestic abuse. Safe temporary accommodation and safety planning can be arranged.

Evidence and medical care. In cases of sexual assault, you can self-refer for a forensic medical examination through the Sexual Assault Response Coordination Service in Scotland, even if you are not ready to report to the police.

Legal aid. Many survivors qualify for Advice and Assistance, ABWOR, or Civil Legal Aid from the Scottish Legal Aid Board, depending on means and case merits. A solicitor can assess this with you.

Frequently Asked Questions

What counts as domestic abuse under Scottish law

It includes physical and sexual violence, threats, stalking, isolation, humiliation, controlling who you see and where you go, monitoring your phone or social media, controlling money, and damaging property. The Domestic Abuse Scotland Act 2018 recognises a pattern of coercive or controlling behavior as a crime even if individual acts might seem small when viewed alone.

Do I have to report to the police to get protection

No. You can ask a solicitor to apply to the Sheriff Court in Aberdeen for a civil protective order such as an interdict with a power of arrest or a non-harassment order. If you do report to the police, criminal bail or undertaking conditions can add immediate protection. Many people use both civil and criminal routes.

How quickly can I get a court order

In urgent cases a solicitor can seek an interim order on the same day or within a few days, depending on the court’s timetable and the evidence available. The court will later consider a full hearing where both sides can be heard.

Can the court make the abuser leave the home

Yes, in some cases. An exclusion order under the Matrimonial Homes Family Protection Scotland Act 1981 can require the abuser to leave and stay away from the home. The court considers safety, housing options for both parties, and the interests of any children. Interim exclusion orders can be made urgently.

What happens after I call Police Scotland in Aberdeen

Officers will assess risk, take a statement, secure evidence, and may arrest a suspect. If charged, the suspect may be released with protective conditions or kept for court. The Procurator Fiscal decides whether to prosecute. You may be contacted by the Victim Information and Advice service in eligible cases. Always tell the police about any ongoing safety concerns.

Who decides if a case goes to court and can I withdraw a complaint

The Procurator Fiscal decides whether to prosecute. Once the police submit a report, the decision is not the victim’s. You should still tell the police or the Fiscal about your wishes and any safety issues. Support services and a solicitor can help you communicate your views safely.

How are my address and personal details protected

You can ask the court and the police not to disclose your address. Special measures can allow you to give evidence from a remote room, behind a screen, or with a supporter. In civil cases, your solicitor can ask to withhold your address in court documents where appropriate.

What about my children and contact arrangements

The court must prioritise the child’s welfare and consider any risk of abuse. A solicitor can ask for protective conditions on contact, for example handovers at a child contact centre or supervised contact. The court will avoid exposing a child to unsafe situations.

Can I get legal aid

Many people do. The Scottish Legal Aid Board offers different types of funding depending on your income, assets, and the merits of your case. A local solicitor can check your eligibility and complete the application with you quickly in urgent cases.

I am not a British citizen. What are my options

If your immigration status depends on your relationship, you may be able to apply for the Destitute Domestic Violence Concession to access public funds while you make a settlement application under the domestic violence rules. Speak to a solicitor who understands both immigration and Scottish family law. You can seek protection from the Scottish courts regardless of immigration status.

Additional Resources

Police Scotland. For emergencies call 999. For non-emergencies call 101. You can also ask about the Disclosure Scheme for Domestic Abuse Scotland to find out if a partner has a history of abuse.

Crown Office and Procurator Fiscal Service and the Victim Information and Advice service. Provides information and practical support to victims and witnesses in certain cases, including many domestic abuse prosecutions.

Aberdeen City Council. Housing Options and homelessness services can arrange safe temporary accommodation and safety planning for anyone at risk due to domestic abuse.

Grampian Women’s Aid. Specialist support, safety planning, and refuge accommodation for women and children affected by domestic abuse in Aberdeen and surrounding areas.

Rape Crisis Grampian and Rape Crisis Scotland. Confidential support for anyone affected by sexual violence, recent or historic. In Scotland you can self-refer for a forensic medical through the Sexual Assault Response Coordination Service.

Victim Support Scotland. Emotional support, practical help, and advocacy for victims and witnesses of crime, including domestic abuse, regardless of whether you have reported to the police.

Scottish Domestic Abuse and Forced Marriage Helpline. A 24 hour national helpline offering confidential advice, safety planning, and referral to local services across Scotland.

Scottish Women’s Rights Centre. Legal information and representation for women affected by gender based violence, including outreach services covering the north east when available.

FearFree Scotland. Specialist support for men and for LGBT survivors of domestic abuse and related harm across Scotland.

Criminal Injuries Compensation Authority. A government scheme that may compensate victims of violent crime, including domestic abuse, if eligibility criteria are met.

Next Steps

Prioritise safety. If you are in danger, call 999. If it is safe, think about a simple safety plan such as where you can go, who you can call, and how to leave quickly with essentials like identification, bank cards, medication, and children’s items.

Record what is happening. Keep a dated log of incidents, photos of injuries or damage, copies of threatening messages, and details of witnesses. Store copies somewhere safe or with someone you trust.

Speak to a solicitor in Aberdeen. Look for a family or criminal law firm with experience in domestic abuse. Ask about urgent protective orders and legal aid. If you cannot afford a lawyer, ask a support service to help you find one who accepts legal aid.

Consider civil protection. Your solicitor can apply for an interim interdict with a power of arrest, a non-harassment order, or an exclusion order. These can often be sought quickly at Aberdeen Sheriff Court.

Consider reporting to Police Scotland. Reporting helps secure criminal bail conditions and can lead to charges under the Domestic Abuse Scotland Act 2018 or related offences. If you are not ready to report, you can still seek civil protection and support.

Plan for housing and finances. Ask Aberdeen City Council about homelessness assistance and safety measures for your property. Discuss benefits, child maintenance, and money safety with a support worker or solicitor.

Protect children. Tell your solicitor and any agencies involved about risks to children. Ask the court for safe contact arrangements if needed. Schools and health visitors can help with safety planning and evidence.

Use specialist support. Contact local services listed above for advocacy, safety planning, emotional support, and practical help with appointments and court attendance.

Follow through and review. Keep copies of orders, give a copy to the police, and report any breach immediately. Review safety plans regularly with your support worker or solicitor as circumstances change.

Remember that you are not alone. There are experienced professionals in Aberdeen who can help you navigate the legal system, stay safe, and move forward.