Navigating Civil Protections against Domestic Abuse in Scotland
Published byOlivia Finnie
October marked domestic abuse awareness month, a time to raise awareness of the many forms of abuse that can occur within relationships and to remind those affected that help is available. We thought it was timeous to provide a general overview of what we can do in order to assist those who find themselves in such a situation – no matter what time of the year it is.
What is Domestic Abuse?
The Domestic Abuse (Scotland) Act 2018 creates a specific offence for “abusive behaviour towards a partner or ex-partner”. As well as covering physical abuse, the law extends to psychological abuse, emotional abuse, coercive and controlling behaviour.
Some practical examples of what this behaviour might look like include:
• Calling you names and putting you down
• Refusing to trust you and acting jealously or accusing you of cheating
• Trying to stop you from seeing family or friends
• Physical abuse such as punching, slapping, kicking
• Not letting you have any access to the bank account or money
• Stopping you from working
• ‘gaslighting’ you- lying so that you start to think that you are going mad and can’t trust your own judgement
• Not paying maintenance for children when the relationship has ended
• Watching your social media accounts i.e. keeping track of who likes your posts, who messages you
Protection for Victims of Domestic Abuse
If your partner or ex-partner has acted in a way that is threatening, abusive, or has caused you fear, alarm, or distress, you can contact Police Scotland to report the situation. In addition to the criminal route, there are also several civil orders available to help protect you:
Interdict
An Interdict is a court order that stops someone from doing specific things, for example, approaching you or coming within a certain distance of the family home. If you’re at immediate risk, the court can grant an Interim Interdict.
Powers of Arrest
Where an Interdict has been granted, a Power of Arrest can be attached to the order as an additional layer of protection. In the event that a person breaches the terms of the Interdict, the police then have the ability to arrest the person.
Non-Harassment Order (NHO)
A Non-Harassment Order is designed to prevent behaviour which amounts to harassment and causes you harm or distress. For example, if your ex-partner is repeatedly phoning you, or coming to your house. A non-harassment order is granted by the Sheriff Court and cannot be granted on an interim basis. The person subject to a non-harassment order would automatically commit a criminal offence if they were to breach that order.
Exclusion Orders
If your partner or ex-partner has certain rights (known as occupancy rights) to the family home, you can apply to the court for an exclusion order to have them excluded from the property. Occupancy rights are the right to live in the family home and apply where an individual is named on the title deeds or named as a tenant on the tenancy agreement. You can apply for an exclusion order if both you and your partner or ex-partner have the right to occupy and your partner or ex-partner has harmed or threatened to harm you and/or your children, either physically or mentally. An exclusion order suspends the occupancy rights of your partner or ex-partner for an initial 6-month period.
The Domestic Abuse (Protection) (Scotland) Act 2021
The Domestic Abuse (Protection) (Scotland) Act 2021, came into force on 05 May 2021 and provides new protections for victims of domestic abuse. The 2021 Act introduces two further forms of protection Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs).
A DAPN allows a Senior Officer of the police to impose certain requirements or restrictions on your partner or ex-partner. For example, your partner or ex-partner can be prevented from contacting you. Once the police have imposed a DAPN, they must make an application to the court for a DAPO no later than the next court day.
DAPNs and DAPOs can provide the person at risk with immediate protection which does not require any action to be taken by the person at risk and which is independent of any criminal investigation.
It is important to note that this is a summary and not exhaustive. Comprehensive legal advice is essential in these matters.
If you feel that you require assistance in respect of seeking a civil order, or just wish to speak to someone about the options available to you, then please do contact us on family@wjm.co.uk or 0141 248 3434.
Helpful resources:
• Police Scotland: 101 (non-emergency) or 999 (emergency)
• Women’s Aid Scotland: https://womensaid.scot/
• NHS UK: Comprehensive information on recognising and getting help for domestic violence and abuse. https://www.nhs.uk/live-well/getting-help-for-domestic-violence/
• Abused Men in Scotland (AMIS): https://abusedmeninscotland.org/
• Scottish Women’s Right Centre: https://www.scottishwomensrightscentre.org.uk/
The information contained in this newsletter is for general guidance only and represents our understanding of relevant law and practice as at November 2025. Wright, Johnston & Mackenzie LLP cannot be held responsible for any action taken or not taken in reliance upon the contents. Specific advice should be taken on any individual matter. Transmissions to or from our email system and calls to or from our offices may be monitored and/or recorded for regulatory purposes. Authorised and regulated by the Financial Conduct Authority. Registered office: 319 St Vincent Street, Glasgow, G2 5RZ. A limited liability partnership registered in Scotland, number SO 300336.
