{
  "url": "https://openlegislation.uk/domestic-abuse-protection-scotland-act-2021/section-4",
  "json_url": "https://openlegislation.uk/domestic-abuse-protection-scotland-act-2021/section-4.json",
  "legislation": "asp/2021/16",
  "legislation_title": "Domestic Abuse (Protection) (Scotland) Act 2021",
  "legislation_url": "https://openlegislation.uk/domestic-abuse-protection-scotland-act-2021",
  "path": "section/4",
  "kind": "section",
  "number": "4",
  "heading": "Making of domestic abuse protection notice",
  "text": "(1) A senior constable may make a domestic abuse protection notice in relation to person A if the constable has reasonable grounds for believing that—\n(a) person A has engaged in behaviour which is abusive of person B,\n(b) it is necessary for a domestic abuse protection order to be made for the purpose of protecting person B from abusive behaviour by person A, and\n(c) there is a risk of person A engaging in further behaviour which is abusive of person B immediately and it is necessary to make the notice for the purpose of protecting person B from that behaviour.\n(2) In subsection (1)(c), “immediately” means in the period before the sheriff can make an interim domestic abuse protection order or a domestic abuse protection order.\n(3) It does not matter whether the abusive behaviour referred to in subsection (1)(a) took place in Scotland or elsewhere.\n(4) Before making a domestic abuse protection notice in relation to person A, the senior constable must—\n(a) take such steps as are reasonable in the circumstances—\n(i) to establish whether person A has any views in relation to the notice which person A wishes to be taken into account, and if so, to obtain those views,\n(ii) to establish whether person B has any views in relation to the notice which person B wishes to be taken into account, and if so, to obtain those views, and\n(b) take into account—\n(i) any views of which the senior constable becomes aware as a result of paragraph (a), and\n(ii) the welfare of any child whose interests the senior constable considers to be relevant to the making of the notice.\n(5) A domestic abuse protection notice may be made without the consent of person B.",
  "extent": null,
  "status": "prospective",
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2021/16/section/4",
    "retrieved_at": "2026-10-29T20:12:29.724850+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}