Emergency orders the focus of new Domestic Abuse Bill

Police and courts will be given further powers in relation to domestic abuse under a new bill just introduced to the Scottish Parliament.

The Domestic Abuse (Protection) (Scotland) Bill aims to provide immediate protection for a person experiencing domestic abuse for a short time, while they work out what to do next.

It would create domestic abuse protection notices and orders (DAPNs and DAPOs). A DAPN would be made by a "senior constable" as a short-term way to offer immediate protection from abuse until a DAPO can be made by a court. If the officer considered it necessary for the protection of the person concerned, it could include one or more of requiring the alleged abuser to leave, surrendering keys, prohibiting them from coming within a certain distance, and keeping them apart from children in the household.

A DAPO would be applied for by the chief constable. It would have to be heard on the next court day and would last for up to two months, extendable by a further month. It could contain anything that a DAPN could, or anything else the court considers necessary to protect the subject from the alleged abuser. A DAPN would not need to be in place to ask the court for a DAPO. Interim orders could be made.

The bill would also allow social landlords to end or transfer a tenancy of a perpetrator of domestic abuse to prevent a victim becoming homeless and enabling them to remain in the family home, provided the person who has been abused wishes to remain in the house.

Justice Secretary Humza Yousaf commented: "The COVID-19 pandemic has highlighted the importance of protecting women and girls who find themselves isolated and vulnerable due to the actions of an abusive partner.

"This new bill will apply to all those at risk of domestic abuse, but we know women are disproportionally affected, representing 80% of victims. A person’s home should be a place of safety and the new orders being introduced will give victims of domestic abuse space and time to address their longer term safety and housing situation.

"The bill builds on our legislation that came into force last year giving police and prosecutors greater powers to target those who engage in coercive or controlling behaviour."

Describing the bill as a "milestone moment", Dr Marsha Scott, chief executive of Scottish Women’s Aid, said: "Domestic abuse is the leading cause of women’s homelessness in Scotland, with women often facing the impossible choice between living with an abuser and making themselves and their children homeless. We have long said that emergency protective orders will make an immediate and significant difference for those women and children, offering them respite and breathing space as they seek support and safety. The role of social landlords is also key in this, and so new powers to allow them to help survivors of domestic abuse to remain in the family home are welcome news."

Click here to access the bill and related papers.