Housing and domestic abuse
Domestic abuse occurs when someone close to a person (usually a spouse, a partner or an ex-spouse or ex-partner) behaves towards that person in a way that inflicts physical, mental or emotional damage. This section looks at housing issues that can arise when someone is experiencing domestic abuse.
There are a number of options available if someone wishes to leave their home because of domestic abuse.
There are various issues to consider if someone has left their home because of abuse and now wishes to return.
If the person wishes to remain in the rented home and s/he is not the tenant, or is a joint tenant, then s/he can apply to have the tenancy transferred into her/his name and become the sole tenant.
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (Matrimonial Homes Act) introduced a number of orders that can be used in cases of domestic abuse.
The Civil Partnership Act 2004 introduced a number of orders that can be used in cases of domestic abuse.
In Scotland, civil law provides a system of interdicts and interim interdicts that may be used in cases of domestic abuse.
In any relationship the criminal law can, in theory, be used to bring proceedings against a violent partner for a range of offences.
It is possible to obtain damages for any civil wrong committed against a person or a person's property. This is worthwhile pursuing only if the person claimed against has sufficient funds to pay.
Non-harassment orders are an alternative to interdict orders where there have been at least two incidents of harassment.
The Protection from Abuse (Scotland) Act allows a power of arrest to be attached to some interdicts.
The Children (Scotland) Act 1995 allows a local authority to take action to protect children's rights.
A divorce will normally deal with the question of future ownership or tenancy of the matrimonial home.
This section looks at remedies available when a civil partnership is dissolved.
Last updated: 29 December 2014
- Age of Legal Capacity (Scotland) Act 1991
- Children (Scotland) Act 1995
- Civil Partnership Act 2004
- Family Law (Scotland) Act 2006
- Housing (Scotland) Act 2001
- Protection from Abuse (Scotland) Act 2001
- The Family Law (Scotland) Act 2006 (Commencement, Transitional Provisions and Savings) Order 2006
- Legislation.gov.uk - Protection from Harassment Act 1997