Scottish Law Commission asks for opinions on new domestic abuse law.

The Scottish Law Commission has recently released a discussion paper seeking feedback on proposed changes to civil remedies for domestic abuse in Scotland. This move comes in light of the fact that a significant proportion of recorded domestic abuse incidents do not involve criminal conduct, suggesting a need for robust civil protections.

Civil remedies, which are court orders sought by victims against abusers, play a crucial role in providing protection. These remedies can include removing the perpetrator from the family home or restricting their access to the victim’s residence. However, the current legal framework has been criticised for its complexity, lack of clarity on appropriate remedies, and inadequate protection for victims and children.

Some key criticisms of the existing system include the insufficient recognition of the impact of domestic abuse on children, limitations in communication between civil and criminal courts, and the high threshold for obtaining certain court orders. Additionally, cohabitants often have less protection compared to spouses and civil partners, and victims may face their abusers in court without adequate safeguards.

In response to these challenges, the Scottish Law Commission has proposed a new delict of domestic abuse, which aims to define abusive behaviour and address different forms of abuse such as tech abuse, immigration abuse, and economic abuse. This proposal marks a significant step towards making the law more relevant and accessible for victims seeking protection.

Professor Gillian Black, a commissioner involved in the project, emphasised the importance of ensuring the legal system is equipped to effectively combat domestic abuse. She highlighted the need for a simplified and strengthened civil law that provides meaningful protection to victims and children. The commission welcomes feedback on these proposed changes to enhance the current system.

Individuals and organisations are encouraged to share their views on the discussion paper by 22 January 2025. This inclusive approach aims to gather input from a wide range of stakeholders to shape future policies and practices in combating domestic abuse in Scotland.

By addressing the shortcomings of the existing legal framework and introducing innovative solutions like the proposed delict of domestic abuse, the Scottish Law Commission seeks to create a more supportive and responsive system that prioritises the safety and well-being of all individuals affected by domestic abuse.