The Domestic Abuse (Scotland) Act 2018 recognises that domestic abuse is not limited to physical violence, but can also include persistent emotional, psychological and controlling behaviour that causes long-term harm.
Section 2 of the Act plays a central role in defining what types of behaviour are considered “abusive” for the purposes of the offence created by section 1 of this act.

1. Overview of Section 2

Section 2 elaborates on what the Act means by “abusive behaviour”. It explains:

• What types of conduct can fall within abusive behaviour.
• That abuse can be directed not only at the partner or ex-partner (referred to as “B”) but also at their children or other connected persons.
• The impact the behaviour must have, or is likely to have, to be considered abusive

The law takes a purpose-based and effect-based approach: behaviour is abusive if it is intended to cause, or would reasonably be expected to cause, specific harmful effects.

2. Violent, Threatening and Intimidating Behaviour (Section 2(2)(a))

The most straightforward category of abuse includes behaviour that is:

• Violent
• Threatening
• Intimidating

Importantly, the Act makes clear that violent behaviour includes sexual violence as well as physical violence (s.2(4)(a)).

This recognises the reality that sexual coercion, unwanted sexual acts or threats of such acts are forms of domestic abuse.

3. Behaviour Aimed at Causing Specified Harmful Effects (Section 2(2)(b))

Abuse is also present where behaviour is directed at:

• The partner/ex-partner (“B”).
• A child of B (anyone under 18).
• Another person connected to B.

AND where that behaviour:

1. Has the purpose (or one of its purposes) of causing specific harmful effects; OR
2. Would be considered by a reasonable person as likely to cause those effects.

This ensures that abusers cannot avoid accountability simply because they claim they did not intend harm; what matters is how the behaviour affects (or is foreseeably likely to affect) the victim.

4. The “Relevant Effects” – What Harm Looks Like Under the Act (Section 2(3))

Section 2(3) lists the “relevant effects”—the specific types of harm the law recognises as abusive. These reflect patterns frequently seen in coercive control.

a) Making the victim dependent on or subordinate to the perpetrator

This includes controlling access to money, transportation, essential items, or decision-making.
It recognises that abuse often involves creating an imbalance of power.

b) Isolating the victim from friends, family, or support

Abusers may deliberately limit the victim’s social interactions, monitor communications, or create conflict to cut off support networks.

c) Controlling, regulating or monitoring day-to-day activities

Examples include dictating what the victim wears, where they go, who they speak to, how the household is run, or constantly checking their location and communications.

d) Restricting or depriving the victim of their freedom of action

This could include preventing the victim from leaving the home, working, accessing healthcare, or managing their own finances.

e) Frightening, humiliating, degrading, or punishing the victim

This covers emotional and psychological harm, including sustained criticism, threats, humiliation, manipulation, and punishment-based behaviour.

The law acknowledges that non-physical forms of abuse can be equally harmful and are often part of an ongoing pattern of coercive control.

5. Abuse Involving Children (Section 2(4)(b))

When behaviour is directed at a child of the victim, the law is clear:
A child is anyone under 18 years old.

This provision reflects findings from social research and government policy that exposing a child to abusive behaviour, either directly or indirectly, causes significant emotional and psychological harm. Targeting a child as a means of controlling the partner is a recognised and serious form of domestic abuse.

6. Why Section 2 Matters

Section 2 forms the backbone of the 2018 Act’s approach to domestic abuse by:

• Capturing both physical and non-physical abusive behaviour.
• Recognising coercive control as a criminal offence.
• Ensuring behaviour towards children or others is included where its purpose is to harm the victim.
• Focusing on patterns of behaviour, not just isolated incidents.

This modernises the law in line with international understanding of domestic abuse and provides stronger protection for survivors.

Conclusion

Section 2 of the Domestic Abuse (Scotland) Act 2018 provides a comprehensive and victim-centred definition of abusive behaviour. By recognising coercive control, psychological harm and patterns of domination, the Act ensures the law reflects the real experiences of victims and offers meaningful protection.

If you or someone you know needs advice relating to domestic abuse, speaking with XK Family Law Solicitors Aberdeen who are experienced in Scottish family law can provide clarity on your rights, your options, and the protections available.

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