By Morgan Francis
On Friday 21 February, I had the opportunity to attend a domestic abuse training day hosted by the Scottish Women’s Rights Centre (SWRC). The event was designed for students, trainees and newly qualified solicitors and aimed to deepen our understanding of domestic abuse and to equip us with the knowledge to provide informed legal advice.
The training day featured a plenary session led by Helen Hughes, covering key topics such as understanding domestic abuse, trauma and the legal framework surrounding protective orders. In addition, there were smaller breakout sessions to consider case studies focusing on trauma- informed client meetings and advising victims on protective orders. This article explores some of my key takeaways from the training and things I learned.
Understanding Domestic Abuse
When advising clients who have experienced domestic abuse, it is crucial that you have a sound knowledge of the relevant law and a clear understanding of what domestic abuse and coercive control entails. It is also essential to recognise how trauma can impact clients at every stage of the legal process.
Research shows that domestic abuse is not typically an isolated incident, but rather takes the form of a pattern of coercive control over any and every aspect of a person’s life. Control takes away autonomy, freedom of speech, freedom of movement and for two women a week in England and Wales (reguge.org.uk), and in the last four years, 31 women in Scotland, their lives.
Section 11 (7c) of the 1995 Act defines abuse as including ‘violence, harassment, threatening conduct and any other conduct, giving rise, or likely to give rise to physical or mental injury, fear, alarm or distress’ and defines conduct as including ‘speech and presence in a specified place or area’.
As well as asking sensitive trauma informed questions, it is paramount you assess the risks specific to your client and remain mindful of those risks throughout the case. Safety should be the primary consideration. Always ask the question- is the next step I am about to take safe for my client and her children?
Protective Orders
Even when the perpetrator is subject to bail conditions or special bail conditions it is still open to the victim to seek protective orders via the civil courts. What orders the client can seek will depend on a variety of factors, including whether the client and the perpetrator of abuse are married, civil partners or a cohabiting couple.
The Matrimonial Homes (Family Protection) Scotland Act 1981 and the Civil Partnership Act 2004 offer protective orders in the form of:
1. Exclusion Orders
2. Matrimonial Interdicts
3. Domestic Interdict.
For protective orders to be effective, it is necessary for a power of arrest to be attached to them. A power of arrest enables the police to arrest the perpetrator of abuse if they breach the terms of the court order. All powers of arrest are now sought in terms of the Protection from Abuse (Scotland) Act 2001.
Final Reflection
Having the opportunity to listen to Helen Hughes was very inspiring and has been a highlight of my recent volunteering with the SWRC. With International Women’s Day 2025 approaching, the training reiterated the barriers many victims of domestic abuse still face in the legal system. It highlights the importance of continuing to advocate for change- both for women in Scotland and around the world.