Help from a solicitor
Last updated: 24/01/2020
A solicitor can obtain a legal order to help protect you from abuse. You may be able to get Legal Assistance to help pay for this service.
An interdict is a court order that can bar your partner from threatening or assaulting you. It can prevent a partner from coming near your home, work or your child’s school. Your solicitor can also ask for powers of arrest to be attached to the interdict. This means if the interdict is broken, the police can arrest your partner without a warrant. Powers of arrest can be for a period of up to three years.
A court may also issue a domestic abuse interdict which if broken becomes a criminal offence. This could carry a prison sentence of up to five years, a fine or both.
In an emergency, a court can provide a temporary interdict within 24 to 48 hours.
A non-harassment order is a court order that prevents your partner, their family or another person from behaving in a way that causes you distress or fear. A non-harassment order can be obtained through the courts. If a non-harassment order is broken, this becomes a criminal offence.
An exclusion order is a court order that suspends the right of a married person, a civil partner or a cohabiting partner to live in the family home. In other words it prevents your partner from entering your home. An exclusion order can be asked for if you or your children have been harmed or threatened with harm.
Speak to a solicitor or Scottish Women’s Aid for information and support to obtain a court order.