SP Bill 84 Session 5 (2020) 2 Domestic Abuse (Protection) (Scotland) Bill Part 1—Domestic abuse protection notices and orders (2) Behaviour by person A is abusive of person B if a reasonable person would consider the behaviour to be likely to cause person B to suffer physical or psychological harm. (3) Behaviour is behaviour of any kind, including (for example)— (a) saying or otherwise communicating something as well as doing something, 5 (b) intentionally failing— (i) to do something, (ii) to say or otherwise communicate something. (4) Behaviour directed at a person is such behaviour however carried out, including (in particular)— 10 (a) by way of conduct towards property, (b) through making use of a third party, as well as behaviour in a personal or direct manner. (5) In subsection (2), the reference to psychological harm includes fear, alarm and distress. (6) Behaviour may consist of a single incident or a course of conduct. 15 3 What constitutes abusive behaviour (1) Subsections (2) to (4) elaborate on when behaviour by person A is abusive of person B. (2) Behaviour which is abusive of person B includes (in particular)— (a) behaviour directed at person B that is violent, threatening or intimidating, 20 (b) behaviour directed at person B, at a child of person B or at another person that either— (i) has as its purpose (or among its purposes) one or more of the relevant effects set out in subsection (3), or (ii) would be considered by a reasonable person to be likely to have one or 25 more of the relevant effects set out in subsection (3). (3) The relevant effects are of— (a) making person B dependent on, or subordinate to, person A, (b) isolating person B from friends, relatives or other sources of support, (c) controlling, regulating or monitoring person B's day-to-day activities, 30 (d) depriving person B of, or restricting person B's, freedom of action, (e) frightening, humiliating, degrading or punishing person B. (4) In subsection (2)(a), the reference to violent behaviour includes sexual violence as well as physical violence. 3 Domestic Abuse (Protection) (Scotland) Bill Part 1—Domestic abuse protection notices and orders Domestic abuse protection notices 4 Making of domestic abuse protection notice (1) A senior constable may make a domestic abuse protection notice in relation to person A if the constable has reasonable grounds for believing that— 5 (a) person A has engaged in behaviour which is abusive of person B, (b) it is necessary for a domestic abuse protection order to be made for the purpose of protecting person B from abusive behaviour by person A, and (c) it is necessary to make the notice for the purpose of protecting person B from abusive behaviour by person A before the sheriff can make an interim domestic 10 abuse protection order or a domestic abuse protection order. (2) It does not matter whether the abusive behaviour referred to in subsection (1)(a) took place in Scotland or elsewhere. (3) Before making a domestic abuse protection notice in relation to person A, the senior constable must take into account— 15 (a) any representations made to a constable by person A in relation to the notice, (b) any views of person B in relation to the notice of which the senior constable is aware (whether as a result of representations made to a constable by person B or otherwise), (c) the welfare of any child whose interests the senior constable considers to be 20 relevant to the making of the notice. (4) A domestic abuse protection notice may be made without the consent of person B. 5 Content and effect of notice (1) A domestic abuse protection notice is a notice which does one or more of the following— (a) requires person A to leave the home of person B (whether or not it is also the 25 home of person A), (b) requires person A to surrender keys to that home, (c) prohibits person A from entering that home, (d) prohibits person A from coming within such distance of that home as is specified in the notice, 30 (e) prohibits person A from excluding person B from that home, (f) prohibits person A from approaching or contacting...