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Domestic Abuse Bill to Improve Protection for Victims of Domestic Abuse

The Domestic Abuse (Scotland) Bill was introduced to the Scottish Parliament on 27 May 2010. It is designed to improve protection for the victims of domestic abuse.

The Bill, drafted by Clare Connelly, Senior Lecturer in the University of Glasgow Law School and James Clark, Postgraduate Student, was introduced to Parliament by Rhoda Grant MSP. The Bill aims to:-

- Remove the current requirement to show a course of conduct before a non-harassment order can be granted by a Civil Court meaning that evidence of only one incident of harassing behaviour would be required.

- Make legal aid free to all for an application to a Civil Court for an interdict with a power of arrest or non-harassment order where domestic abuse is involved.This would allow access to justice for all victims of domestic abuse regardless of economic background.

- Prevent victims having to pay for their own protection

- Make it a criminal offence to breach an interdict with a power of arrest.

The Bill can be viewed here

Whilst, the Bill is designed to improve protection for victims of domestic abuse, victims of domestic abuse are also entitled to seek compensation for the abuse they have suffered. Depending on the severity of the abuse, the victim may be able to make a Criminal Injuries Compensation Claim for assault or alternatively may be able to pursue their assailant directly for compensation, although an assailant may not have the funds to meet any court order against them. Each case turns on its own facts.

To find out if you may have a claim for domestic abuse on a No Win/No Fee basis, complete our online form or contact on of our Solicitors on 0800 731 8434.

Caroline Kelly
Personal Injury Scotland

Personal Injury Scotland is a trading name of Thorntons Law LLP, a limited liability partnership, registered in Scotland no. SO300381 whose registered office is Whitehall House, 33 Yeaman Shore, Dundee, DD1 4BJ. Thorntons Law LLP is regulated by the Law Society of Scotland and authorised and regulated by the Financial Services Authority.