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Domestic violence, also known as domestic abuse, encompasses a range of controlling and oppressive behaviors in a relationship or between family members. This can include, but is not limited to, psychological, physical, sexual, financial or emotional abuse. Domestic violence law in Scotland is designed to offer protection to those subjected to such abusive situations, regardless of gender, with a specific focus being on coercive and controlling behavior. The law recognizes that domestic abuse is not solely physical violence but also includes other types of control and abuse.
Persons experiencing domestic abuse may require a lawyer for various reasons. Legal assistance is typically needed in filing for protective orders or injunctions against the abuser. This aims to legally prevent them from making any form of contact. Legal advice is particularly useful in situations revolving around child custody or divorce, in which cases where a history of abuse might significantly affect the decision. Furthermore, a lawyer can help navigate complex legal systems, ensuring the victim's rights are upheld and that they can claim any entitlement to compensation and support.
Under the Domestic Abuse (Scotland) Act 2018, it is illegal to engage in a course of behaviour that is abusive of a partner or ex-partner. The law specifically includes both psychological and physically abusive conduct. Scotland's domestic violence law is unique because it recognizes that an incident need not be physical to count as abusive, and covers any behaviour designed to harm, punish or frighten the victim. Importantly, these laws apply to both current and former partners. Breach of a protective order such as a Non-harassment order can result in immediate arrest and criminal charges.
Scotland broadly defines domestic abuse to include physical violence and threats, as well as psychological abuse, such as controlling behavior, or any other form of conduct that makes you subordinate, or degrades, punishes, or frightens you.
Yes, Scottish courts can issue various types of protection orders to prohibit the abuser from contacting or approaching you. These include Non-harassment orders and Exclusion orders.
If a Non-harassment order is breached, you should report this to the police immediately. Breaking an order is a crime, and the abuser can be arrested and charged.
Yes, the Domestic Abuse (Scotland) Act applies to both existing and previous relationships, meaning legal action can be taken against an ex-partner.
If you experience domestic violence, you should contact the police immediately. It's also recommended to seek legal advice and support from domestic abuse organizations who can help you understand your options and guide you through the legal process.
There are numerous support systems in place for victims of domestic abuse in Glasgow and Scotland at large. Organizations like the Scottish Women's Aid, Glasgow Women's Aid, and Men's Advice Line provide assistance specifically tailored to victims of domestic abuse. For immediate advice, victims can call the free 24-hour Scotland's Domestic Abuse and Forced Marriage Helpline. The Victim Support Scotland can also provide assistance.
If you believe you are a victim of domestic abuse and require legal assistance, it's essential to speak to a solicitor specializing in domestic violence law. They can aid you in understanding your rights and the legal options available to you. This may include helping you apply for protective orders or representing you in court proceedings, like divorce or child custody cases. Your safety is paramount, and if you are in immediate danger, make sure to contact the police.
