Exploring the intersections between the criminal and civil courts

This project will investigate the intersections between criminal and civil court processes in domestic abuse cases.

Why is this important?

Domestic abuse is understood by researchers and women’s support services as a course of conduct that is perpetrated through use of controlling tactics and the imposition and abuse of power over an individual. In Scotland, these dynamics have been recognised in legislation with the Domestic Abuse (Scotland) Act 2018 (DASA). The intention was that DASA would influence positive change for victim-survivors. However, it highlighted gaps in the justice system, especially regarding the overlapping roles of criminal and civil courts. Victim-survivors frequently experience stress and frustration due to conflicting court processes and expectations.

What does it involve?

Recent research highlights the need to bridge these disjunctures and align systems to better protect victim-survivors while avoiding duplication and trauma. The research team will consolidate findings from national and international studies, aiming to transform court processes and improve outcomes for victim-survivors. The following questions will be answered:

1. What are the main intersections between criminal and civil court processes in domestic abuse cases in Scotland since the implementation of DASA?
2. What can we learn from best practice solutions internationally that have successfully aligned criminal and civil processes (to avoid overlap and replication of cases in both courts) in cases of domestic abuse?
3. How can support services and court personnel ensure a consistent and effective response without adding to women’s trauma?

The research team will conduct a scoping review of national and international best practices in handling domestic abuse cases across criminal and civil courts. Two knowledge exchange workshops with stakeholders will explore practical solutions and policy recommendations.

How will it make a difference?

Dissemination of the findings will help to:

• Enhance social welfare by improving victim-survivors’ access to fairer, less traumatic justice processes.
• Influence public policy to align criminal and civil court systems, ensuring better communication and safety measures.
• Improve professional practices by equipping court personnel with tools to address the unique needs of victim-survivors.