Domestic abuse can take many forms, including physical violence, threats, intimidation, harassment and controlling or coercive behaviour. If you are experiencing abuse from a partner, former partner or someone you live with, it is important to know that legal protection may be available.
In Scotland, the courts can make a number of orders designed to protect people from abusive or threatening behaviour. The right option depends on the circumstances, so obtaining legal advice early can help you understand what action may be appropriate.
What Is an Interdict?
An interdict is a civil court order that tells another person not to carry out specified behaviour. In a domestic abuse situation, it may be used to prevent someone from threatening or abusing you, contacting you, approaching your home or workplace, or going near your child’s school.
The precise terms of an interdict depend on the circumstances of the case. Where urgent protection is required, it may also be possible to seek an interim interdict while the wider case is being considered.
A solicitor can advise on the type of protection that may be appropriate and help prepare the necessary court application.
Can a Power of Arrest Be Attached to an Interdict?
In certain circumstances, a power of arrest can be attached to an interdict. This provides an additional level of protection by giving the police powers to act where there are grounds to believe the interdict has been breached.
Whether a power of arrest is appropriate depends on the circumstances and the type of interdict involved. Legal advice can help establish what protection may be available in your particular case.
What Is an Exclusion Order?
Domestic abuse can become particularly difficult when both parties live in the same home. An exclusion order can, in appropriate circumstances, suspend a spouse, civil partner or cohabiting partner’s right to occupy the family home.
An exclusion order may therefore provide protection where continuing to live together creates a risk of harm. Applications involving the family home can be complex, particularly where there are children, joint ownership or tenancy arrangements to consider.
A solicitor can explain how an exclusion order works and whether it may be appropriate in your circumstances.
What Is a Non-Harassment Order?
A non-harassment order is another form of protection available under Scots law. It can require someone to stop a course of conduct amounting to harassment.
Harassment does not necessarily involve physical violence. It may include repeated unwanted contact, threatening messages, following or monitoring someone, appearing at their home or workplace, or other behaviour that causes fear or distress.
Breaching a non-harassment order is a criminal offence, making it an important form of protection in cases involving repeated behaviour.
What About Coercive or Controlling Behaviour?
Domestic abuse is not restricted to individual incidents of physical violence. A pattern of behaviour designed to control, frighten, isolate or dominate a partner or former partner can also be highly significant.
This may include controlling access to money, monitoring communications, restricting contact with friends or family, making threats, repeatedly humiliating someone or controlling where they are allowed to go.
If you are unsure whether the behaviour you are experiencing amounts to domestic abuse, speaking confidentially to a solicitor can help you understand your position and the legal options available.
How Can Domestic Abuse Affect Children?
Where children are involved, domestic abuse may also be relevant to decisions about child contact, residence and parental responsibilities and rights.
The welfare of the child is central to decisions made by the court. Allegations of domestic abuse and any potential risk to the child or the other parent can therefore be important when contact or residence arrangements are being considered.
Depending on the circumstances, legal proceedings concerning domestic abuse and child contact may overlap. Getting advice at an early stage can help ensure that relevant safety concerns are properly raised.
For more information about connected family law matters, visit Rutherford Sheridan’s Family Law services: https://rutherfordsheridan.co.uk/family-law/
Is Legal Aid Available for Domestic Abuse Cases?
Legal Aid may be available for civil proceedings involving interdicts, powers of arrest and non-harassment orders, depending on the type of case and the applicant’s circumstances.
A solicitor who undertakes Legal Aid work can explain the relevant eligibility requirements and help with an application where appropriate.
Further information about Legal Aid in Scotland is available from the Scottish Legal Aid Board: https://www.slab.org.uk/new-to-legal-aid/information-on-legal-aid-in-scotland/
What Should I Do If I Am in Immediate Danger?
If you or your children are in immediate danger, call 999. Domestic abuse can also be reported to Police Scotland by calling 101 when the situation is not an emergency.
Legal advice can then help you understand what civil protective measures may be available alongside any action being taken by the police.
Speak to a Domestic Abuse Solicitor in Scotland
If you are experiencing domestic abuse, harassment, threats or coercive behaviour, you do not have to work out the legal process alone. Rutherford Sheridan can advise on the protective measures available and explain the most appropriate next steps for your circumstances.
Early advice can be particularly important where urgent protection, the family home or arrangements for children are involved. Contact Rutherford Sheridan to discuss your situation confidentially and receive clear advice about your options.