Protecting Yourself and Seeking Justice: Domestic Abuse Compensation

When going through a separation, and there are domestic abuse issues, your primary focus will be on exploring any course of action that will provide you and your family with the best protection possible.

Protective orders can be sought through the civil courts to, for example, exclude a partner, or former partner, from the family home or prevent them from approaching or contacting you. These are available even if there are no criminal proceedings raised against the perpetrator or is no criminal conviction of the perpetrator. However, the question of compensation should not be overlooked in these circumstances.

Firstly, it is important to understand what kind of behaviour would be considered domestic abuse. Under the Domestic Abuse (Scotland) Act 2018, which came into force in 2019, any behaviour that is violent, threatening or intimidating is considered abusive. This covers a broad range of behaviours, such as physical abuse, sexual abuse, emotional abuse and financial abuse. The law applies to any partner or ex-partner, regardless of whether they are living together.

Where acts of physical or sexual abuse have been committed, survivors are entitled to seek compensation from the Criminal Injuries Compensation Authority (CICA) Scheme. This is a government funded scheme set up to award survivors of domestic violence compensation. A claim must generally be made within two years from the date the incident was reported. However, there are exceptions where an out of time application will be considered. The level of compensation that can be claimed varies depending on the nature and severity of the injury received.

A claim for damages can also be raised in the civil courts and our Family Law Team works closely with our Litigation Team when advising domestic abuse survivors on seeking civil remedies against the perpetrator.

If you are experiencing any of the issues raised in this blog, or wish to discuss any of the above topics, please contact a member of our Family Law Team, who are experienced in assisting clients through difficult separations and divorces, and would be happy to discuss your options with you.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.