DM AGAINST JH [2023] SC KRK 15 (17 May 2023)

DM AGAINST JH [2023] SC KRK 15 (17 May 2023)

The court found that the applicant had established, on the balance of probabilities, that they were at risk of abuse from the respondent and that a protective order was necessary for their protection.

Citation
[2023] SC KRK 15
Parties
Applicant: DM; Respondent: JH
Jurisdiction
Scotland
Judgment Date
17 May 2023
Procedural Posture
Civil / Judgment
Outcome
protective order granted
Legal Topics
Protective Orders, Domestic Abuse
Family Law Protective Orders Domestic Abuse

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

DM

Applicant

JH

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a protective order should be granted against the respondent under Scottish law

Ratio Decidendi

The court found that the applicant had established, on the balance of probabilities, that they were at risk of abuse from the respondent and that a protective order was necessary for their protection.

Court Disposition

protective order granted

Orders

  • The respondent is prohibited from approaching or contacting the applicant directly or indirectly.
  • The respondent must not enter the applicant's residence or place of work.