5. Domestic Abuse
5.1 General information
a)
Domestic abuse is any form of physical, mental, sexual or financial abuse perpetrated by partners or former partners. It can include physical harm, sexual abuse, mental and emotional abuse (including coercive and controlling behaviour), and may be perpetrated by partners whether married, cohabitating, in a civil partnership, or otherwise. Anybody can be the victim of domestic abuse, regardless of gender, age, or sexual orientation.
b)
Examples of domestic abuse may include harming someone physically, monitoring their phone or devices, calling someone demeaning or belittling names, controlling a person’s finances or who they spend time with, or behaving in a threatening way to a partner or their children. It can take many different forms and may include some of these behaviours, but not all, as well as others not described here that cause harm to the victim.
5.2 Legal information
a)
In Scotland, people are protected legally by the Domestic Abuse (Scotland) Act 2018. This legislation means that it is illegal for a partner or ex-partner to behave in a way that is likely to cause someone physical or psychological harm, either intentionally or through recklessness.
b)
Under this legislation, courts are expected to impose Non-Harassment Orders (NHOs), which would ban the offender from behaving in a way that causes the victim (as well as any children who usually live with them) harm or distress. It is a criminal offence to break a Non-Harassment Order.
5.3 What happens if I contact the police?
a)
If you report domestic abuse to the police in Scotland, they will investigate to determine if a crime has occurred. This may include speaking with you, any witnesses, and collecting evidence such as messages, social media posts, or photos of injuries and damage. To charge someone, Scottish law requires two pieces of evidence, which might include text messages, photographs of injuries or damaged property, and social media posts; if met, the police will forward the case to the Procurator Fiscal. The police will inform you if this happens and if the accused is held in custody. The Procurator Fiscal reviews the case for prosecution, and there is a presumption to prosecute domestic abuse cases with sufficient evidence. They will decide on charges, bail opposition, or specific bail conditions. The final decision on bail is made by a Sheriff, considering input from both the Procurator Fiscal and the accused’s lawyer.
b)
DOMESTIC ABUSE UNIT/ SERIOUS COMPLEX CRIME
5.4 What happens at court?
a)
All domestic abuse cases in Scotland are referred to the Victim Information and Advice (VIA) Service, which helps keep victims, including children, and vulnerable witnesses updated on the progress of their case. VIA can arrange special measures to support victims during the trial, such as providing a separate entrance to court to avoid contact with the accused, and passing on victims’ views on orders like Non-Harassment Orders to the Sheriff and Procurator Fiscal. VIA also ensures victims are informed about the status of the case.
b)
Victims of domestic abuse are entitled to standard special measures when giving evidence in court. These include having a screen to shield them from the accused and the public gallery (though the accused will be able to watch evidence via a small screen), being accompanied by a named supporter from Victim Support Scotland, or giving evidence via video link. An exception to this might be that if a witness has not identified the accused prior to the court date, they may have to identify them in the courtroom, which means they would not be able to use screens. Additional special measures are granted at the discretion of the Procurator Fiscal. Victim Support Scotland can arrange a court familiarisation visit to allow victims and witnesses to ask questions, and there are also virtual tours of the court available on their website. They can arrange appointments at their offices to allow victims and witnesses to make a virtual visit to the court using a 3D headset.
c)
Victims and witnesses who are children should have access to a remote site with CCTV automatically. If parents or guardians of child victims and witnesses are not sure about arrangements for this, they can contact the Fiscal enquiry point
d)
In Scotland, an accused person is presumed innocent until proven guilty. The prosecutor must prove the case against the accused through testimony and evidence. The accused may plead guilty at any stage of the process, including before the trial starts. If they plead guilty to some or all charges, victims and witnesses will not need to give evidence in court. A guilty plea is an admission of responsibility. If the accused pleads not guilty, the case will proceed to trial, where victims and witnesses may be cross-examined. In serious cases (solemn proceedings), a jury of 15 members of the public will decide the outcome. If the court finds the accused guilty, the Sheriff (in the Sheriff Court) or a Judge (in the High Court) will sentence them based on the severity of the offence. Victims can request that a Non-Harassment Order be included in the sentence. VIA will notify victims and witnesses about the outcome of the case.
e) You can get in touch with the VIA:
By phone
Call: 0300 020 3000 – Phone lines are open Monday to Thursday from 8.30am to 1pm and 1.30pm to 5pm, and Friday from 8.30am to 1pm and 1.30pm to 4.30pm. Rates for mobile phones may vary by provider.
Relay UK
If you are Deaf, hard of hearing or speech impaired you can contact VIA by phone using Relay UK. Visit the Relay UK website to download the app.
By email
Email at enquirypoint@copfs.gov.uk.
By text
If you are deaf or hearing-impaired you can text us on 07825 280346. Please tell VIA if you would like your reply by SMS, text or email.
By relay service
You can contact VIA using the Contact Scotland BSL video relay service. If you’re using a computer you can access the Contact Scotland BSL service here. If you’re using a mobile device or tablet you need to register for the free Contact Scotland BSL app first. For more information visit the Contact Scotland BSL website or call 0333 344 7712.
5.5 Can I find out if my partner has a history of abuse?
a)
Police Scotland takes part in the Disclosure Scheme for Domestic Abuse Scotland (DSDAS). You have the right to ask about the background of your partner. You can apply for a disclosure on your own behalf or on behalf of someone you know.
b)
When you make an application, it will be submitted to Police Scotland’s domestic abuse department, who will decide on whether or not to release the information. This will be done if it is deemed that there is a risk of abuse.
c)
You can apply for a disclosure by asking for an application to be filled out for you at your local police station, or by printing one out and posting it to Police Scotland’s Domestic Abuse Coordination Unit, Clyde Gateway, 2 French Street, Glasgow G40 4EH.
5.6 Multi-Agency Risk Assessment Conference
a)
A Multi-Agency Risk Assessment Conference (MARAC) is a collaborative meeting where different agencies, such as the police, social services, housing providers, and support organizations, come together to assess the risk level for victims of high-risk domestic abuse. Its goal is to create a coordinated action plan that prioritises the safety of victims and their children. By sharing information across agencies, MARAC helps ensure that victims receive tailored support, such as protection orders, housing support, and counselling, to reduce risk and provide a pathway to safety and stability.
5.7 What services exist to help me if I have experienced domestic abuse?
a)
Victim Support Scotland is a national charity that provides free, confidential support and information to people affected by crime, including victims of domestic abuse. They offer emotional support, practical assistance, and guidance through the criminal justice process, helping individuals to feel safe and informed. Their trained staff and volunteers are there to listen without judgment and can connect you to additional resources if needed. To get help, you can contact Victim Support Scotland by calling their helpline at 0800 160 1985, which is available Monday to Friday from 8 a.m. to 8 p.m. and 10am – 4pm Saturday and Sunday, or by visiting their website at www.victimsupport.scot.
b)
Glasgow Women’s Aid is a specialist organization that supports women, children, and young people affected by domestic abuse in Glasgow. They provide safe refuge accommodation, one-on-one support, and group programs tailored to help women rebuild their lives. Glasgow Women’s Aid also offers resources to help women understand their rights, access legal advice, and navigate housing and financial issues. To reach Glasgow Women’s Aid, call their support line at 0141 553 2022, available Monday to Friday from 9.30a.m. to 4.30p.m., email getsupport@glasgowwomensaid.org.uk, or visit their website at www.glasgowwomensaid.org.uk for more information. You can also call the Scottish Domestic Abuse Helpline on 0800 027 1234 which is available 24 hours a day, 7 days a week.
c)
ASSIST is a free, phone-based independent domestic abuse advocacy service, supporting people of all genders whose partner or ex-partner has been charged with a domestic abuse offence and whose case is progressing through court. They are able to advocate for victims in court, including helping them to access special measures and linking with other agencies on your behalf. They also offer bespoke support for children and young people. ASSIST can be contacted by emailing assist@glasgow.gov.uk or by calling 0141 276 7710 and leaving a voicemail with your contact information. Their website is https://www.assistscotland.org.uk/
d)
Abused Men in Scotland (AMIS) is a charity dedicated to supporting men who have experienced domestic abuse. They offer free, confidential services, including emotional support, practical advice, and information on housing, legal options, and safety planning. AMIS works to raise awareness and reduce stigma around male experiences of domestic abuse, ensuring men receive the help they need. To speak with a support worker, you can contact the AMIS helpline at 03300 949 395, available Monday to Friday from 9a.m. to 4p.m., or visit their website at www.abusedmeninscotland.org for additional resources and information.
e)
The National LGBT Domestic Abuse Helpline, run by Galop, offers confidential support to LGBT+ people experiencing domestic abuse. Their trained staff provide a safe space to talk, emotional support, and guidance on housing, safety planning, and accessing local services. They understand the unique challenges faced by LGBT+ individuals in abusive situations and work to ensure inclusive, non-judgmental help is available. To speak with a support worker, call the helpline at 0800 999 5428, open Monday to Thursday from 9.30am to 8pm and Friday from 9.30am to 4.30pm. The service is closed on bank holidays. You can email them at help@galop.org.uk and you can also find more information at www.galop.org.uk, where you can access a 24/7 chatbot.
f)
Tomorrow’s Women Glasgow is a service designed to support women involved in or at risk of entering the criminal justice system, particularly those with complex needs such as experiences of domestic abuse, addiction, or mental health challenges. The program offers a safe, women-only space where participants can access personalized support, counselling, and practical assistance. Tomorrow’s Women Glasgow aims to empower women to make positive changes and build safe, stable lives. Referrals are usually made via social work, the Scottish Prison Service or Police Scotland; to find out more, you can call them at 0141 274 6055.
g)
Scotland’s Domestic Abuse and Forced Marriage Helpline provides free, confidential support to anyone experiencing domestic abuse or forced marriage, regardless of age, gender, sexuality, or background. Available 24/7, the helpline offers a safe space to talk, information on rights and options, and connections to local services for additional support. Trained advisors can assist with safety planning, legal guidance, and access to emergency accommodation if needed. For support, call the helpline anytime at 0800 027 1234, send them a text or a WhatsApp message on 07401288595, email helpline@sdafmh.org.uk, or visit their website at www.sdafmh.org.uk for resources and information, and to access a 24/7 chatbot.
h)
Some victims of domestic abuse may also be victims of trafficking, which is where a person is forced, threatened, coerced or deceived to trick someone into working for low or no pay, committing crimes, sexual exploitation, or marriage. Trafficking Awareness Raising Alliance (TARA) is a service that provides support to women who may be trafficked and exploited. They can offer crisis accommodation, support with accessing legal and health services, signposting, and financial assistance. You can contact TARA by calling 0141 276 7724, which is open 24/7, or by filling out their referral form which is available at www.tarascotland.org.uk
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