Interdicts and protective orders
Legal protection from abuse and harassment
Everyone has the right to feel safe at home. If a partner, former partner, family member or anyone else is abusing, threatening or harassing you, the civil courts in Scotland can make orders to protect you and your children. Our interdict solicitors in Glasgow act quickly and discreetly, and interim protection can often be in place within days, sometimes on the same day.
If you are in immediate danger, call the police on 999. Scotland’s Domestic Abuse and Forced Marriage Helpline is available 24 hours a day on 0800 027 1234.
What is an interdict?
An interdict is a court order in the Scottish court system that forbids a person from doing something specific. In family disputes, an interdict can stop someone from:
- contacting you by phone, text, email or social media
- coming to your home, your workplace or your children’s school
- approaching, following or harassing you
- abusing, threatening or using violence towards you
Interdicts are granted by the sheriff court. Because a full case can take time, the court can grant an interim interdict at the start. An interim interdict can be granted very quickly and, where it is urgent, before the other person has been told about the application, so you are protected straight away. We will listen to what has been happening, explain which order best fits your situation and deal with the court process for you.
Interdicts with a power of arrest
Under the Protection from Abuse (Scotland) Act 2001, the court can attach a power of arrest to an interdict that protects you from abuse. This allows the police to arrest the person if they reasonably believe the interdict has been breached. A power of arrest lasts for up to three years unless the court extends it.
Domestic abuse interdicts
Where the person is a current or former spouse, civil partner, cohabitant or partner, the court can determine that the interdict is a domestic abuse interdict under the Domestic Abuse (Scotland) Act 2011. Breaching a domestic abuse interdict is a criminal offence.
What is a non-harassment order?
A non-harassment order is a civil court order under the Protection from Harassment Act 1997. It requires the other person to stop harassing you and can include specific conditions, such as not contacting or approaching you. Normally you must show a course of conduct, which means harassment on at least two occasions. Where the case involves domestic abuse, a single incident can be enough.
The main advantage of a non-harassment order is that breaching it is a criminal offence, so the police can act immediately. The criminal courts can also impose a non-harassment order when someone is convicted of an offence involving harassment.
What is an exclusion order?
An exclusion order suspends a person’s right to live in the family home, so that they must leave and cannot return. Exclusion orders are available between spouses under the Matrimonial Homes (Family Protection) (Scotland) Act 1981, between civil partners under the Civil Partnership Act 2004 and, in some circumstances, between cohabitants.
The court will grant an exclusion order where it is necessary to protect you, or a child of the family, from conduct or threatened conduct that would harm your physical or mental health, as long as the order would not be unjustified or unreasonable. An exclusion order can be accompanied by interdicts preventing the person from entering the home or removing items from it, and an interim exclusion order can be sought at the start of the case.
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Protective orders and your children
Abuse within a family affects children even when it is not directed at them. When the court decides where a child lives or who they see, it must take account of the need to protect the child from abuse or the risk of abuse, and the effect any abuse may have had on them. If you are worried about contact with your children, we can advise on protective orders alongside child contact and child residence.
What happens next
Our experienced team will give you clear legal advice about your case and protect your privacy at every stage.
1. A confidential first conversation
Call us on 0141 471 9166 or book a consultation online. We listen to what has happened, assess the risk and explain your options. Everything you tell us is confidential.
2. Gathering the evidence
We help you gather the evidence the court will need, such as messages, photographs, police reference numbers, medical records and statements from witnesses.
3. Going to court
We prepare and lodge the court application and, where it is urgent, ask the sheriff for interim orders straight away. We then deal with the rest of the court process, including service on the other person and any hearings.
How our interdict solicitors can help
- Urgent advice when you need protection quickly
- Applications for interdicts and interim interdicts
- Powers of arrest and domestic abuse interdicts
- Civil non-harassment orders
- Exclusion orders to remove a person from the family home
- Advice on child contact and residence where there has been abuse
- Defending applications where an order is sought against you
Interdicts: frequently asked questions
How quickly can I get an interdict?
Where protection is needed urgently, an interim interdict can often be granted within a few days of instructing us, and sometimes on the same day.
What happens if someone breaches an interdict?
Breach of an interdict is a contempt of court, which can be punished by a fine or imprisonment. If a power of arrest is attached, the police can arrest the person. Breach of a domestic abuse interdict or a non-harassment order is a criminal offence.
Does the person have to be my partner?
No. Interdicts and non-harassment orders can protect you from anyone, including a former partner, a relative, a neighbour or someone you barely know. Exclusion orders are limited to people who share the family home with you or have a right to live there, such as a spouse, civil partner or cohabitant.
Do I need to have reported the abuse to the police?
No. You can apply for a civil order whether or not the police are involved. Police reports can be useful evidence, but they are not essential.
How long does an interdict last?
A final interdict usually lasts indefinitely unless the court recalls it. A power of arrest attached to it lasts for up to three years unless extended, and a non-harassment order lasts for the period the court sets, which can be indefinite.
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