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xCivil remedies available to victims of domestic abuse
Date: 19th November 2024
Category:
Family Environment and Alternative Care
Closing date: 22nd January 2025
The Scottish Law Commission has released a Discussion Paper on proposed reforms to streamline civil remedies for domestic abuse, a legal area often criticised as overly complicated. This complexity creates challenges for both solicitors and individuals, making it difficult for survivors to understand their legal options and for lawyers to provide clear advice.
The discussion paper sets out new proposals for the improvement of the law. These proposals include: the introduction of a new statutory delict of domestic abuse, the introduction of a definition of domestic abuse in civil law, together with a bespoke set of remedies to suit the individual needs of each victim/survivor. It also include proposals for changes to be made to the existing remedies for domestic abuse. The paper seeks views on these proposals and asks a number of related questions.
A significant part of the paper, Chapter 7, highlights the profound impact of domestic abuse on children and young people. It examines protections for children who witness abuse within their household, young people experiencing abuse in their own relationships, and the legal implications of abuse in determining child contact orders. The Commission invites public feedback on whether children exposed to domestic abuse should be recognised as victims under the law.
An online webinar, led by Professor Gillian Black, the project’s lead Commissioner, is scheduled for Wednesday, 27 November 2024, from 5 to 6 pm, to discuss the paper’s main themes. Registration is required for the free webinar, which will offer an overview of the proposals and a short Q&A session.