Legal advice on harassment and domestic abuse
There are several legal options available to victims of domestic abuse to protect themselves or their children from future risk. Should you find yourself in this difficult situation, our experienced Family Team of Lawyers are available to serve you throughout Scotland, with offices in Glasgow, Edinburgh, Inverness & Highlands and Shetland.
Our Team will explore options with you and discuss your situation with complete discretion to help you decide the most suitable solution based on your circumstances.
Our Family Law Team is recognised in the UK's leading independent legal directories, Chambers UK Guide to the Legal Profession and The Legal 500 as having "Recommended Lawyers" and "Leaders in the Field" in the area of Family Law.
Frequently Asked Questions about Domestic Abuse Law
An Exclusion Order, once granted, suspends the occupancy rights of the abuser and thereafter prevents them from returning to live in the family home, despite having occupancy rights to live in the property if they wish to do so. Spouses and Civil Partners automatically have occupancy rights regardless whether they are a title holder or not. An Exclusion Order, to be effective, must be combined with other orders including a Warrant for Summary Ejection and an Interdict preventing the abuser from entering or remaining in the property.
An Interdict is an Order whereby the court stipulates that an individual is to refrain from carrying out a specified action or behaviour. For example a victim of domestic abuse could ask the Court to interdict their partner from approaching them or coming within a certain distance of the family home.
A Power of Arrest is an order that is usually sought together with Interdicts and Exclusion Orders. The benefit in obtaining a Power of Arrest is that it will result in the Police being able to automatically arrest an individual if they have breached the terms of the protective remedy which has been granted.
A Matrimonial Interdict is an Interdict that restrains or prohibits any conduct of one spouse towards the other spouse or child of the family. This may include prohibiting a spouse from entering a family home or any other residence of the victim, the victim's work place or any school the child may attend.
A Domestic Interdict is effectively the same as a Matrimonial Interdict but applies to two people who may be living together as cohabitants and are therefore not married.
A Non-Harassment Order is designed to protect a victim from a course of conduct which amounts to harassment and causes the victim alarm and distress. Examples of such conduct may include frequent phone calls or repeated text or social media messages. A breach of a Non-Harassment Order is a criminal offence and can result in monetary fine or imprisonment.