Protective orders for people at risk of domestic abuse: consultation
Seeks views on proposals to create new protective orders to keep people at risk of domestic abuse safe by banning perpetrators from their homes.
3. For consistency, except where context requires otherwise, the person against whom an order is sought or imposed is referred to as the 'suspected perpetrator'.
4. For consistency, except where context requires otherwise, the person whom an order is intended to provide protection to is referred to as the 'person at risk'.
7. These are offences charged at section 1 of the Domestic Abuse (Scotland) Act 2018, or offences where the aggravation at section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 has been charged/proven.
8. According to https://rm.coe.int/convention-istanbul-article-52/168073e0e7, In Spain, Madrid has two gender-based violence courts which are capable of operating 24 hours a day. It is not clear if this is the case in all areas of the country.
9. See for example the evaluation of the pilot scheme for DVPNs/DVPOs in England and Wales, which recommended extending the period before which a DVPN requires to be confirmed by the courts from 48 hours to 4-7 days:
10. See https://consult.justice.gov.uk/homeoffice-moj/domestic-abuse-consultation/supporting_documents/Transforming%20the%20response%20to%20domestic%20abuse.pdf
12. See http://www.scotland.police.uk/keep-safe/advice-for-victims-of-crime/domestic-abuse/what-is-domestic-abuse/
13. See pages 11-13 of https://consult.justice.gov.uk/homeoffice-moj/domestic-abuse-consultation/supporting_documents/Transforming%20the%20response%20to%20domestic%20abuse.pdf
14. The 2010 research is at: http://womensaid.scot/wp-content/uploads/2017/07/ExclusionOrderReport.pdf
15. The 2014 literature review is at: http://www.sccjr.ac.uk/wp-content/uploads/2014/06/VAW-Literature-Review-SCCJR-Report-No-05-20141.pdf (pages 23 to 25)
16. The 2015 research is at: http://womensaid.scot/wp-content/uploads/2017/07/Change-Justice-Fairness.pdf Please see in particular the second recommendation on page 61. This is relevant to the discussion in this consultation paper on the potential introduction of Emergency Barring Orders in Scotland].
17. The Scottish Law Commission 1980 report is at https://www.scotlawcom.gov.uk/files/4212/8014/9994/rep60.pdf
18. The Commission report is at https://www.scotlawcom.gov.uk/files/4212/8014/9994/rep60.pdf
19. Section 4 of the Marriage and Civil Partnership (Scotland) Act 2014 made provision so that references to couples living together as if husband and wife extend to same sex spouses too and references to people living together as if civil partners cease to have effect. This reflects the introduction of same sex marriage by the 2014 Act.
Email: Patrick Down
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