Domestic Abuse Flashcards
What happens to an accused person?
If sufficient evidence then court next day
If pleads guilty & no custodial sentence then returns home
If pleads not guilty then new date set, returns home or may be remanded in custody
Define domestic abuse…
Any form of physical, mental or sexual and emotional abuse which might amount to criminal conduct which takes place in the context of a relationship. The relationship will be between partners (married, civil partnership, co habiting or other) or ex partners. The abuse can be committed in the home or elsewhere.
What does matrimonial home mean?
Occupier are married/civil partnership
What does family home mean?
Occupies are not married
What are occupancy rights?
The right, if in occupation to continue to occupy the matrimonial home, or if not in occupation the right to enter and occupy the matrimonial home,
And in either case the rights to do so with any child of the family
What is an entitled spouse?
Person registered on tenancy or mortgage
Can be both partners
What are non entitled spouses?
Name not on tenancy or mortgage
Who has occupancy rights?
If married, then both even if only one name on mortgage/tenancy
If not married, only persons on mortgage/tenancy
What does the rent (scot) act make it an offence to do?
To deprive a residential occupier of the premises of their occupation e.g. By changing locks, harassing them, or depriving of utilities
For use against landlords or anyone who deprives someone of their occupancy rights
When can a person force entry into their home?
If they have right of ownership, not just occupancy rights.
Only person with right of ownership can force entry
What is an interdict?
A civil order from the court preventing wrongful or illegal acts: from partner to partner or from abusive partner to child
E.g. Entering or remaining on premises, coming to school or workplace
Can have a power of arrest
Who can apply for an exclusion order?
Married, civil partnership or co habiting couples.
What does an exclusion order do?
Removes occupancy rights to the matrimonial home within specified time
Usually includes interdict
