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Domestic abuse
This information applies in Scotland
What is domestic abuse
Domestic abuse covers a range of situations where a person is harmed by a partner or ex partner. They do not need to be heterosexual partners and they do not need to live in the same property.
Domestic abuse can involve physical violence or it may be another form of abuse such as emotional, sexual or financial abuse.
Both women and men can experience domestic abuse.
If you need help to recognise whether you are being abused, there are many organisations that can give you confidential advice.
Options available to people affected by domestic abuse
If you are the victim of an abusive relationship, get immediate practical advice on the options available, which may be to:
- report the abuse to the police
- leave home temporarily
- leave home permanently
- stay in your home and get the person who is harming you to leave
- take legal action.
Finding somewhere safe to stay
If you are a victim of an abusive relationship you may need somewhere safe to stay, either alone or with your children. The options are to stay:
- at home, if you think this is safe
- with relatives or friends
- in a women’s refuge. This is only an option for women (with or without children)
- in emergency accommodation provided by the local authority under homeless persons law - this will usually mean a bed and breakfast hostel
- in privately rented accommodation.
Women’s Aid Refuges
Women’s Aid Refuges are safe houses run by, and for, women experiencing domestic abuse. Refuges provide somewhere safe for women and their children to stay and allow some time and space for the woman to think about what to do next.
Staff at refuges specialise in dealing with domestic abuse and so can give a lot of emotional and practical support, for example, advice about benefit claims, which solicitors to use and, if necessary, how to contact the police.
There are lots of Women’s Aid groups throughout Scotland and a national office in Edinburgh. There are some refuges which are run by and for particular groups of women, for example, black or Asian women.
To find out where your nearest refuge with spaces available is, you should contact the Scottish Domestic Abuse Helpline or a local Women’s Aid group, whose details you can find on the Scottish Women’s Aid website. Staff at Women’s Aid will do their best to find you somewhere safe to stay that night even if the local refuge is full. They are also happy to talk to women about any questions they have about refuges.
Going to the local authority
Your local authority may have a duty to provide you with housing if you are homeless. You will normally be considered to be legally homeless if it is not reasonable for you to occupy your home because of the risk or fear of domestic abuse.
Local authorities should deal sympathetically with applications from people who are in fear of abuse. You can ask for a private interview, with someone of the same sex, and can take a friend with you for support.
The local authority may have a duty to provide interim accommodation for you while it decides whether you are legally homeless.
The rules may be different if you came from abroad to join someone as a wife, husband, cohabitee or civil partner and then can no longer stay in the relationship because of abuse.
For more information about homelessness and the local authority, see Finding accommodation.
Going to privately rented accommodation
If you decide to go into privately rented accommodation you will be unlikely to be able to arrange it quickly. This is really only an option for people who have time to plan their departure and can afford this accommodation.
Longer term solutions
Once you have found a safe place to stay in the short-term, you will need to think about what to do in the longer term. You will need to consider:
- whether you wish to permanently separate from your partner. You should seek legal advice
- whether you want to take action to keep the violent partner away from you. You should seek legal advice
- housing. Your legal rights to the family home will depend upon the type of housing you are leaving, the legal status of your relationship and whether or not you have children. You should get legal advice to ensure that you do everything possible to protect your rights to the family home. You should seek advice about the family home even if you are leaving permanently because, if your partner sells the home, you may lose money and possessions
- children. If you have children you will need to decide if you are taking the children with you. It may be unsafe to leave them behind. You may need to use the courts to resolve who the children should live with and with whom they should have contact. You should seek legal advice
- money. You will need to sort out your benefit entitlement and tax arrangements and whether or not to apply to court for maintenance for yourself. You may also want to apply to the Child Support Agency for a maintenance assessment for your children.
If you need further information and advice, you should consult an experienced adviser, for example, a solicitor, law centre or Citizens Advice Bureau or the organisations listed under Further Help. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
Legal remedies and procedures
Going to a solicitor
If you want to discuss legal protection for yourself and your children, consult a solicitor who is experienced in matrimonial work. Local Women’s Aid groups, the police, rape crisis groups, or women’s centres usually know of local solicitors who are both experienced and sympathetic.
A local advice agency such as a law centre or Citizens Advice Bureau, should be able to help you find a local solicitor who is experienced in this area of the law. You could also go to the website of the Law Society of Scotland at www.lawscot.org.uk
You should make an appointment as soon as you feel ready, and you may want to take someone with you for support the first time you go to the solicitor. The initial interview will probably last quite a long time, during which the solicitor should discuss with you what courses of legal action are open to you.
Legal Aid
If you take legal action to protect yourself or your family from domestic abuse, you may qualify for legal aid without having to meet the normal financial conditions. The income of an abusive partner will not be taken into account when deciding whether you qualify for legal aid.
Perpetrators of abuse
There are several specialist organisations which can help abusive people who want to stop being abusive. Some are self help groups run by others who have had experience of abusive behaviour, others may be run by trained counsellors. It may also be possible for you to get help through your GP.
Further help
Scottish Domestic Abuse Helpline
This national domestic abuse helpline is available 24 hours a day and can provide housing, legal and benefits advice for all parts of Scotland. It also provides an opportunity to discuss your problems in confidence. Calls to the helpline are not recorded on telephone bills.
Tel: 0800 027 1234
Website: www.domesticabuse.co.uk
Scottish Women's Aid
Women’s Aid can offer advice and support to any woman experiencing domestic abuse. The national office can provide contact details for your local Women’s Aid group.
Scottish Women’s Aid
2nd Floor
132 Rose Street
Edinburgh
EH2 3JD
Tel: 0131 226 6606
Fax: 0131 226 2996
Email: contact@scottishwomensaid.org.uk
Website: www.scottishwomensaid.org.uk
Specialist advice for Asian, black and minority ethnic women and children can be obtained from:-
Hermat Gryffe Women’s Aid
Tel: 0141 353 0859
Website: www.hematgryffe.org.uk
Shakti Women’s Aid
Tel: 0131 475 2399
Website: www.shaktiedinburgh.co.uk
National Stalking Helpline
The National Stalking Helpline can provide advice on how to deal with any type of stalking behaviour. This includes advice about how to report the behaviour to the police and what you can expect if you report an incident.
Helpline: 0300 636 0300 (Mon, Tues, Thurs, Fri: 9.30am - 4pm and Wed 1pm – 4pm)
Email: advice@stalkinghelpline.org
Website: www.stalkinghelpline.org
Digital stalking online guide
Digital stalking: a guide to technology risks for victims is an online guide giving practical advice on how to reduce the risk of being stalked online. It comes with a series of mini-factsheets containing simple hints and tips. These can be downloaded from the Women's Aid website at www.womensaid.org.uk.
Organisations for lesbian, gay, bisexual and transgender people
Broken Rainbow
Broken Rainbow provides a listening, information and signposting helpline service for lesbian, gay, bisexual and transgender people experiencing domestic abuse.
Helpline: 0300 999 5428 (Mon 2pm-8pm, Wed 10am-5pm, Thurs 2pm-8pm)
Website: www.broken-rainbow.org.uk
The LGBT Domestic Abuse Project
The LGBT Domestic Abuse Project provides information for LGBT people and their friends and family about domestic abuse. The website provides information and links to organisations who can provide support specifically for LGBT people.
Website: www.lgbtdomesticabuse.org.uk
Organisations for men
Abused Men in Scotland (AMIS)
Abused Men in Scotland provides information and support for any man over 16 in Scotland who is, or has been, a victim of domestic abuse. It operates a confidential helpline.
Helpline: 01383 624411 (7pm-10pm every evening)
Email: info@abusedmeninscotland.org
Website: www.abusedmeninscotland.org
Men's Advice Line (MALE)
The Men's Advice Line is a UK-wide confidential helpline for all men experiencing domestic abuse by a current or ex-partner. It provides emotional support and practical advice, and can give you details of specialist services that can give you advice on legal, housing, child contact, mental health and other issues.
Helpline: 0808 801 0327 (Mon – Fri 10am - 1pm and 2pm - 5pm)
Email: info@mensadviceline.org.uk
Website: www.mensadviceline.org.uk
Survivors UK Ltd
Survivors UK is a UK-wide helpline for men who have been victims of sexual violence, sexual assault or rape. The helpline may provide details of other counseling services.
Survivors UK Ltd
Ground Floor
34 Great James Street
London
WC1N 3HB
Helpline: 0845 122 1201 (Mon and Tues 7pm – 9.30pm, Thurs 12pm – 2.30pm)
Admin: 0207 404 6234
Email: info@survivorsuk.org
Website: www.survivorsuk.org
M-Power
M-Power offers telephone and e-mail support for men who have who have been raped, assaulted or abused in childhood or adult life. The helpline also supports partners (male and female) and family members of abused men.
M-Power
14 Thorpe Road
Norwich
NR1 1RY
Tel: 0808 808 4321 (Thurs 8pm – 10pm)
Email: support@seva-uk.org
Website: www.male-rape.org.uk
Organisations for people who are abusive and want to stop
Respect
Respect provides information and advice for people who are abusive towards their partners and want help to stop.
Helpline: 0808 802 4040 (Mon – Fri 10am – 1pm and 2pm – 5pm)
Email: info@respectphoneline.org.uk
Website: www.respectphoneline.org.uk
Everyman Project
The Everyman Project provides a UK wide helpline which offers advice to anyone worried about their own violent or abusive behaviour.
Everyman Project
1A Waterlow Road
London
N19 5NJ
Helpline: 0207 263 8884 (Tues and Wed 6.30pm – 9pm)
Email: everymanproject@btopenworld.com
Website: www.everymanproject.co.uk
