Written Question · S6W-15303 · Session 6
What protections are in place for victims of domestic abuse when an exclusion order ends.
The question
To ask the Scottish Government what protections are in place for victims of domestic abuse when an exclusion order ends.
The answer
Under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 a spouse can ask the court for an exclusion order to remove the other spouse from the matrimonial home. Civil partners have a corresponding right under the Civil Partnership Act 2004. A cohabitant can also seek an exclusion order where the court has granted them occupancy rights.
The court can make an exclusion order if it appears to the court that the making of the order is necessary for the protection of the applicant or any child of the family from any conduct or threatened or reasonably apprehended conduct which is or would be injurious to the physical or mental health of the applicant or child.
These orders are temporary. For example, an order will end if the family home is sold or the couple divorce.
There are other civil remedies available to those at risk of domestic abuse. These include an interdict which can prohibit or restrain specified behaviour. By virtue of the Domestic Abuse (Scotland) Act 2011 a breach of a domestic abuse interdict with a power of arrest attached is a criminal offence. Another potential civil remedy is a non-harassment order under the Protection from Harassment Act 1997, breach of which is again a criminal offence.
The Scottish Law Commission are considering carrying out a review of civil remedies in relation to domestic abuse in phase 2 of its work on aspects of family law .
The member is welcome to write to me raising specific points about exclusion orders or other civil protection measures.
The court can make an exclusion order if it appears to the court that the making of the order is necessary for the protection of the applicant or any child of the family from any conduct or threatened or reasonably apprehended conduct which is or would be injurious to the physical or mental health of the applicant or child.
These orders are temporary. For example, an order will end if the family home is sold or the couple divorce.
There are other civil remedies available to those at risk of domestic abuse. These include an interdict which can prohibit or restrain specified behaviour. By virtue of the Domestic Abuse (Scotland) Act 2011 a breach of a domestic abuse interdict with a power of arrest attached is a criminal offence. Another potential civil remedy is a non-harassment order under the Protection from Harassment Act 1997, breach of which is again a criminal offence.
The Scottish Law Commission are considering carrying out a review of civil remedies in relation to domestic abuse in phase 2 of its work on aspects of family law .
The member is welcome to write to me raising specific points about exclusion orders or other civil protection measures.
In the Official Report
No contribution in the Official Report cites S6W-15303 by reference.