Domestic abuse
Domestic abuse is a specific crime in Scotland under section 1 of the Domestic Abuse (Scotland) Act 2018. It covers a course of abusive behaviour towards a partner or ex-partner, including coercive and controlling behaviour as well as violence. Other crimes against a partner can carry a domestic abuse aggravation.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Abusive behaviour towards a partner or ex-partner, Coercive control, Domestic abuse aggravation |
|---|---|
| The law | Domestic Abuse (Scotland) Act 2018, section 1 |
| Where it is tried | prosecuted either under summary procedure in the sheriff court or under solemn procedure before a sheriff and jury, with the most serious cases going to the High Court. The Procurator Fiscal chooses the procedure according to how serious the alleged conduct is. |
| Maximum penalty | Section 1 offence: on summary conviction, up to 12 months' imprisonment and/or a fine of up to £10,000; on conviction on indictment, up to 14 years' imprisonment and/or an unlimited fine. The court must consider making a non-harassment order. The domestic abuse aggravation under section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 does not raise the maximum for the underlying offence, but the court must take it into account when sentencing. |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The accused engaged in a course of behaviour, meaning behaviour on at least two occasions, directed at their partner or ex-partner.
- The behaviour was abusive, for example violent, threatening or intimidating, or intended or likely to control, isolate, monitor, humiliate, frighten or punish the partner.
- A reasonable person would consider the course of behaviour likely to cause the partner physical or psychological harm (psychological harm includes fear, alarm and distress).
- The accused intended to cause that harm or was reckless as to whether it was caused.
- The complainer was the accused's spouse, civil partner, cohabitant or someone in an intimate personal relationship with them, or a former partner of any of those kinds.
Defences and common issues
- Reasonableness (section 6): the course of behaviour was reasonable in the particular circumstances; once this is raised, the prosecution must disprove it beyond reasonable doubt.
- Denial that the alleged behaviour happened, or that it happened on at least two occasions so as to form a course of behaviour.
- Insufficient evidence: Scots law generally requires corroboration (evidence from more than one source) of the essential facts, although an aggravation can be proved by a single source.
- Disputing the relationship: the section 1 offence only covers partners and ex-partners, so abuse of other relatives is prosecuted under other offences.
Frequently asked questions
What counts as domestic abuse under Scottish law?
Domestic abuse under section 1 of the Domestic Abuse (Scotland) Act 2018 is a course of abusive behaviour towards a partner or ex-partner, on at least two occasions. It does not need to include violence. Behaviour that isolates someone from friends and family, controls their money or daily activities, monitors their phone or movements, or frightens, humiliates or punishes them can all count. The prosecution must show a reasonable person would consider the behaviour likely to cause physical or psychological harm, and that the accused intended this or was reckless about it.
Is it worse if children were involved in domestic abuse?
Yes. Under section 5 of the Domestic Abuse (Scotland) Act 2018, the offence can be aggravated by involving a child. This applies where behaviour is directed at a child, a child is used to abuse the partner, a child sees, hears or is present during an incident, or a reasonable person would consider the abuse likely to adversely affect a child living with either of them. It does not need to be shown that the child was aware of or harmed by the abuse. The court must take the aggravation into account when sentencing.
What is the domestic abuse aggravation in Scotland?
The domestic abuse aggravation, under section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, can be added to any other charge, such as assault, threatening behaviour or vandalism, where the offence involved abuse of the accused's partner or ex-partner. If proved, the court must say so on conviction, record the conviction as aggravated and take it into account in sentencing. The aggravation can be proved by evidence from a single source, but the underlying offence still has to be proved in the normal way.
What happens after an arrest for domestic abuse in Scotland?
After arrest the accused may be released on an undertaking to appear at court, often with conditions, or kept in custody to appear at the sheriff court, usually the next court day. Bail or undertaking conditions commonly forbid contacting the complainer or going near their home, and breaking them is a separate offence. At the police station a suspect has the right to free legal advice from a solicitor and the right to remain silent. In Scotland no adverse inference can be drawn at trial from staying silent during police questioning.
Can the complainer drop domestic abuse charges in Scotland?
Not directly. The decision whether to prosecute belongs to the Procurator Fiscal, who acts in the public interest rather than for the complainer. A complainer can tell the Procurator Fiscal their views and these will be considered, but the case may continue if there is sufficient evidence. A witness who is cited to attend court is legally required to go. Complainers in domestic abuse cases are treated as vulnerable witnesses, so special measures such as giving evidence by live link or from behind a screen can be available.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
Charged or under investigation? Ask LawBot a general question, or find a criminal defence solicitor near you.
Ask LawBot →